…adjourns Atiku’s hearing to February 1, 2023
By Chuks Eke
The Federal High Court sitting at Court 1, Awka, Anambra state, presided over by Justice Hyeladzira Nganjiwa has granted an application for substituted service against the federal government and others respondents in the fundamental human rights suit filed by a human rights lawyer based in Onitsha, Anambra state, Dr. Jezie Ekejiuba seeking to disqualify the presidential candidate of the Peoples Democratic Party, PDP, Atiku Abubakar.
Specifically, the court ordered that the Originating summons should be served on the federal government and other respondents, including the Attorney-General of the Federation, AGF, Independent National Electoral Commission, INEC, Peoples Democratic Party, PDP and Atiku himself at their respective headquarters in Abuja by substituted means.
The order followed an Ex-parte application moved by the applicant, Ekejiuba asking the court to order that the respondents be served the Originating processes on the respondents by substituted means.
After granting the application, Justice Nganjiwa adjourned the matter to February 1, 2023 for hearing.
Ekejiuba who is also djourned the fundamental human rights case instituted by an Onitsha-based human rights lawyer, Dr Jezie Ekejiuba against the Federal Government and four others seeking for disqualification of the the presidential candidate of the Peoples Democratic Party, PDP, Alhaji Atiku Abubakar to February 1,2023 for hearing.
In the suit No.FHC/AWK/CS/198/2022, the applicant, Ekejiuba who is the President of Voters Rights Association of Nigeria,VRAN is seeking the disqualification of Atiku from contesting the presidential election, arguing that by allowing Atiku to contest the election, his right as a Nigerian citizen would be infringed upon.
He added that it will be fundamentally wrong for President Muhammadu Buhari, a northerner to hand over to Atiku, another northerner in 2023 without due regard to the power rotation policy as enshrined in the 1999 constitution, as amended.
He insisted that power rotation policy between the Northern and Southern Nigeria which have been in practice since 1999 to date should be respected and every Nigerian should be given a sense of belonging
Ekejiuba, in his legal argument in support of the application stated that his fundamental right to be accorded his privilege or advantage is protected under Section 42(1)(b) of the amended 1999 Constitution of Nigeria which prohibits inequality or unequal treatment of citizens.
As well that his constitutional right to have or be given a sense of belonging to the nation which is his privilege or advantage is donated to him and protected as a Federal Character of Nigeria State Policy under Section 14(3) of the Constitution of Nigeria as amended and defined by Section 318 of the same Constitution.
The applicant, amongst other reliefs is also demanding the sum of N200 million from each of the Respondents as Compensatory and General damages for the threatened violation or gross violation of his fundamental right to freedom from discrimination.
He is also seeking for an Order setting aside, nullifying and or voiding ab initio any election of the 5th Respondent (Atiku Abubakar) as the next President of Nigeria to succeed President Muhammadu Buhari during the 2023 Presidential election for same being discriminatory against him (Applicant) and a gross violation of the provision of Section 42(1)(b) of the 1999 Constitution of Nigeria as amended.
The suit was brought under Order II Rules (1 ) to (5) of the Fundamental Rights (Enforcement Procedure) Rules, 2009; Section 42 (1)(b) and 46(1) and (2) of the 1999 Constitution of Nigeria as amended; and the inherent jurisdiction of the Honourable Court as preserved by Section 6(6) (A) and (B of the 1999 Constitution of Nigeria as amended.
