BREAKING! MORE TROUBLES FOR THE SGF AS LAWYER ASKS THE COURT TO ORDER HIM TO REFUND 223 MILLION TO THE FG
Barring the last minute change of mind, the Federal High Court sitting in Abuja is set to hear a Fundamental Human Rights suit filed against the Secretary to the Government of the Federation, Engr. Babachir Lawal, by a Human Rights Advocate,Barrister Johnmary Chukwukasi Jideobi, on behalf of the Internally Displaced Persons in the North East. In the document exclusively made available to odogwublog, the Human Rights Lawyer is praying the Court for the following Reliefs;
1.
A SOLEMN DECLARATION OF THIS Honourable
Court that the
impugned conducts of the 4th Respondent herein amount (in their
aggregate) to a gross violation of the fundamental rights to life and dignity
of the human persons, trenchantly consecrated in Sections 33 and 34 of the 1999
amended Constitution of the Federal Republic of Nigeria, of the Internally
Displaced Persons in the North-East Nigeria on whose behalf the present
application is brought by the applicant.
2.
AN ORDER OF THIS Honourable Court
commanding the 4th
Respondent herein to return/remit to the Consolidated Revenue Account of the
Federal Government of Nigeria the sum of Two
Hundred and Twenty Three Million Naira No Kobo (N223, 000, 000.00), representing
the sum he diverted away from the money earmarked by the Federal Government of
Nigeria to alleviate the crushing hardships of Internally Displaced Persons in
the North-East Nigeria under the Presidential Initiative on the North East
(PINE), within Fourteen (14) days starting from and inclusive of the day of the
delivery of judgment by this Honourable Court in this suit.
3.
AN ORDER OF THIS Honourable Court Mandating the 4th
Respondent to tender the receipt evidencing full compliance with order (2) as
above to the 1st, 2nd and 3rd Respondents within
Seven (7) days of compliance with the said Order (2) above.
4.
AN ORDER of this Honourable Court commanding the 4th
Respondent herein to publish or cause to be published an unreserved apology to
the Internally Displaced Persons in the North-East in Three (3) National
Dailies within Seven (7) days starting from and inclusive of the date the Order
(3) above is complied with.
5.
ANY OTHER ORDER OR ORDERS as this Honourable Court may deem
fit to make in the entire circumstances of this case.
In the 22 paragraph Affidavit accompanying the Originating Motion, the Lawyer deposed as follows;
1. I
am the Applicant and deponent herein by virtue of which I am conversant with the
facts and circumstances from which the present application emanated.
2. I
know as a fact that the activities of the proscribed Boko Haram Terrorist Group
have left thousands of Nigerians dead in a most horrendous and blood-chilling
manner and created many Internally Displaced persons in Nigeria and Refugees in
Nigerian neighbouring countries.
3. That
given the mounting humanitarian crisis resulting from paragraph (2) above, the
3rd Respondent herein, which is the Nigerian Senate, resolved to set
up an Ad-hoc Committee to investigate to what extent the funds channeled to the
alleviation of the ugly plights of the Internally Displaced Persons, through
the Presidential Initiative on the North East (PINE) have been utilized.
4. The
Senate Ad-hoc Committee on the Humanitarian Crises in the North-East visited
many Camps of the Internally Displaced Persons in the North-East Zone of the
country where the Committee held public hearings and interfaced with both
stakeholders and victims of the Boko Haram Insurgents especially the Internally
Displaced Persons who are the primary beneficiaries of the Funds channeled through
the Presidential Initiative on the North-East (PINE).
5. That
arising from the public hearings and fruitful interactions the Senate Committee
had with stakeholders and Internally Displaced Persons in the Camps visited in
the North-East, the Committee wrote an Internal Report which it laid before the
Nigerian Senate and wholly adopted by the Senate on the 14th day of
December, 2016.
6. I
have had an intimate reading and fastidious study of the 8 page Internal Report
of the Ad-hoc Committee of the Senate on the Humanitarian Crises in the
North-East a copy of which is hereby annexed and marked as “Exhibit PINE 1”.
7. Deriving
from the internal report adopted by the Senate of the Federal Republic of
Nigeria, the content of which I verily believe to be true and correct, it is a
fact that there is serious humanitarian crises in the North East as evidenced by
the plight of the Internally Displaced Persons both in camp and the host communities.
8. Deriving
from the internal report adopted by the Senate of the Federal Republic of
Nigeria, the content of which I verily believe to be true and correct, it is a
fact that there is extreme hunger, diseases, squalor, deprivation and want amongst the Internally displaced
persons.
9. Deriving
from the internal report adopted by the Senate of the Federal Republic of
Nigeria, the content of which I verily believe to be true and correct, it is a
fact that over 70% of displaced children in the Camps and the host communities
within the range of school age were out of school due to lack of classroom
infrastructure, inadequate teaching materials and even teachers.
10. Deriving
from the internal report adopted by the Senate of the Federal Republic of
Nigeria, the content of which I verily believe to be true and correct, it is a
fact, that there is acute shortage of food among the Internally Displaced
Persons who loiter in the IDP Camps malnourished, sickly and wretchedly
dressed.
1. Deriving
from the internal report adopted by the Senate of the Federal Republic of
Nigeria, the content of which I verily believe to be true and correct, it is a
fact that the Federal Government of Nigeria has voted hefty sums for the
welfare of the Internally Displaced Persons in the North-East through the
Presidential Initiative on the North East (PINE).
1. Deriving
from the internal report adopted by the Senate of the Federal Republic of
Nigeria, the content of which I verily believe to be true and correct, it is a
fact, that the Presidential Initiative on North East (PINE) took undue
advantage of the provision of emergency situation contract award in the Public’
Procurement Act, 2007 to inflate contracts.
1. Deriving
from the internal report adopted by the Senate of the Federal Republic of
Nigeria, the content of which I verily believe to be true and correct, it is a
fact that contracts were awarded to companies belonging to top government
officials’ cronies, family members and close associates. For example,
Rholavision Engineering Limited incorporated in 1990 with RC No. 159855 at the
Corporate Affairs Commission (CAC), Abuja, to carry out information and
communication technology services, anchored by Engr. Babachir Lawal, the
current Secretary to the Government of the Federation, was awarded consultancy
contract for the removal of the invasive plant species in Yobe state on 8th
March, 2016. Although, Engr. Babachir resigned the directorship of the said
company in September, 2016, it is on record that he is still the signatory to
accounts of the company.
1. Deriving
from the internal report adopted by the Senate of the Federal Republic of
Nigeria, the content of which I verily believe to be true and correct, it is a
fact that sum Two Hundred and Twenty Three Million Naira No Kobo
(N223, 000, 000.00),
representing the sum he diverted away from the money earmarked by the Federal
Government of Nigeria to alleviate the crushing hardships of Internally
Displaced Persons in the North-East Nigeria under the Presidential Initiative
on the North East (PINE) has further deepened the Humanitarian crises in the
North East rather than alleviating thereby defeating its evident intention.
1 Deriving
from the internal report adopted by the Senate of the Federal Republic of
Nigeria, the content of which I verily believe to be true and correct, it is a
fact that the mismanagement and the circumstances surrounding the disbursement
of the said sum of Two Hundred and Twenty Three Million
Naira No Kobo (N223, 000, 000.00), has occasioned an unprecedented abuse and imperiled the
Fundamental Rights of the Internally Displaced Persons especially their rights
to life and dignity of Human Person guaranteed by the Constitution.
1 Deriving
from the internal report adopted by the Senate of the Federal Republic of
Nigeria, the content of which I verily believe to be true and correct, it is a
fact that the mismanagement and the circumstances surrounding the disbursement
of the said sum of Two Hundred and Twenty Three Million
Naira No Kobo (N223, 000, 000.00), has afflicted more misery, pains, excruciating agony,
crushing sorrow and utter state of hopelessness on the innocent Internally
Displaced Persons in the IDP camps in the North East.
1 The victims of the mind-boggling and
unholy abuse of Fundamental Rights perpetrated by the 4th Respondent
herein are mostly illiterates, handicapped, the flotsam and jetsam of the
society, who neither have the means nor the requisite knowledge to approach
this Honourable Court for the enforcement of their Fundamental Rights
mindlessly breached by the 4th Respondent who ordinarily occupies a
position that ought to protect their Human Rights.
1. I am an Apostle of Democracy and an
irredeemable Human Rights Advocate.
1 This application is brought pro bono
in vindication of the strength of the law, reversal of impunity and enforcement
of the sacred Fundamental Rights of the Internally Displaced Persons which are
ordinarily sacrosanct and inviolable.
2 I
know as a Human Rights Advocate that the Rules governing the Enforcement of
Human Rights in Nigeria encourage and approve of proxy Human Rights Enforcement
actions by Human Rights Advocates in circumstances similar to the ones that
eventuated in the present application.
2 That
it is in the interest of justice that the prayers of this originating summons
are granted.
BREAKING! MORE TROUBLES FOR THE SGF AS LAWYER ASKS THE COURT TO ORDER HIM TO REFUND 223 MILLION TO THE FG
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Friday, January 06, 2017
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