Gozie Francis Moneke, LLM (London) sues President Muhammadu Buhari over nepotism in appointment

NOTICE OF APPLICATION FOR ORDER ENFORCING
    FUNDAMENTAL RIGHTS (ORDER 2 RULE 1)   

IN THE FEDERAL HIGH COURT OF NIGERIA
HOLDEN AT ABUJA

                                     SUIT NO.

IN THE MATTER OF AN APPLICATION BY ‘FRANCIS MONEKE’ FOR AN ORDER FOR THE ENFORCEMENT OF FUNDAMENTAL RIGHTS

AND

IN THE MATTER OF

FRANCIS MONEKE                    -------------                         APPLICANT

AND

1.    PRESIDENT OF THE FEDERAL REPUBLIC OF NIGERIA
2.    ATTORNEY GENERAL OF THE FEDERATION                             RESPONDENTS
  
                                                                       
NOTICE OF ORIGINATING MOTION
BROUGHT PURSUANT TO SECTIONS 42 (1), (2) OF THE CONSTITUTION OF THE FEDERAL REPUBLIC OF NIGERIA, 1999 (AS AMENDED); ARTICLES 2 OF THE AFRICAN CHARTER ON HUMAN AND PEOPLES’ RIGHTS (RATIFICATION & ENFORCEMENT) ACT, CAP A9, LAWS OF THE FEDERATION OF NIGERIA, 2004; ORDER II, RULES 2 AND 3 OF THE FUNDAMENTAL RIGHTS (ENFORCEMENT PROCEDURE) RULES 2009 AND UNDER THE INHERENT JURISDICTION OF THE HONOURABLE COURT.
TAKE NOTICE that the Federal High Court Holden at Abuja will be moved on the _______day of____________, 2018 AT  the hour of 9 O’clock in the forenoon or soon thereafter as Counsel may be heard on behalf of the Applicant for an Order of this Honourable Court enforcing the fundamental rights prayed by the Applicant in terms of the reliefs sought in the Statement accompanying the Affidavit in support of this application.

AND Take Notice that on the hearing of this application the said Applicant will use his Affidavit in support of the Application.

Dated this 29th day of January 2018
____________________
Ikenna Okoli, FCIArb.
F. C. Moneke, LLM (London)
Applicant’s Counsel
Human Rights & Empowerment Project Ltd/Gte 
47 Modupe Johnson Crescent
Surulere, Lagos
                                    hrepngr@gmail.com 
0815 216 5982, 08183531785
                                                                                                          OR
                                                                                                          C/o Benson Igbanoi Law Partners
                                                                                               Suite 32, Joshua Plaza
                                                                                               7 Damba Close
                                                                                               Zone 5, Wuse, Abuja
                                                  


FOR SERVICE ON:
The Respondents
C/o Attorney General’s Chambers
Justice Headquarters
Shehu Shagari Way
Central District, Maitama
Abuja













                             IN THE FEDERAL HIGH COURT OF NIGERIA
HOLDEN AT ABUJA

                                     SUIT NO.

IN THE MATTER OF AN APPLICATION BY ‘FRANCIS MONEKE’ FOR AN ORDER FOR THE ENFORCEMENT OF FUNDAMENTAL RIGHTS

AND

IN THE MATTER OF

FRANCIS MONEKE                    -------------                         APPLICANT

AND

1.    PRESIDENT OF THE FEDERAL REPUBLIC OF NIGERIA
2.    ATTORNEY GENERAL OF THE FEDERATION                             RESPONDENTS
  
                                           AFFIDAVIT IN SUPPORT

I, FRANCIS MONEKE, Male, Nigerian Citizen and Legal Practitioner of No. 272 Zik’s Avenue, Awka, Anambra State do hereby make oath and state as follows:

1.    I am the Applicant in this Suit by virtue of which I am seised of the facts herein deposed.

2.    I am a human rights lawyer and activist, with passion for the unity and good governance of Nigeria under a strong democratic system of government marked by rule of law, transparency, accountability, inclusivity and justice.

3.    That I am an indigene of Anambra State in the South East of Nigeria.

4.    The 1st Respondent is the President and Commander in Chief of the Armed Forces of the Federal Republic of Nigeria.

5.    The 2nd Respondent is the Chief Law Officer of the Federal Republic of Nigeria.




6.    That after the 2015 presidential election, when President Muhammadu Buhari emerged elected, I was personally elated, convinced that he was a man of immense discipline, fairness, impartiality and integrity.

7.    That the Campaign promise of the 1st Respondent to fight corruption was particularly appealing to me given the rampancy of political corruption that had exacerbated poverty, proliferated economic quagmire and atrophied development in the country.

8.    I am aware that nepotism and tribalism are species of corruption, which jeopardise fairness, objectivity and equity; and that when employed as an official strategy in government it compromises inclusivity, effectiveness, efficiency, professionalism, competence, the spirit of national unity and sense of belonging.

9.    That I have been absolutely disappointed and mortified at the pattern of appointments by the 1st Respondent into key and strategic security, intelligence and law enforcement offices and positions, which is obviously skewed in favour of the Northern part of the country and manifestly disadvantages the Southern part of the country, especially the South East where I come from.

10.    That I am convinced that the extant security organogram of the nation fails to embrace the federal character of the country, and largely excludes and discriminates against my geo-political zone of the country, the South East.

11.    That the 1st Respondent, the President and Commander in Chief of the Armed Forces of the Federal Republic of Nigeria is from the Northern part of the country.

12.    That the following key and strategic security, intelligence and law enforcement office holders who are involved in core security matters/issues affecting the country, appointed by the 1st Respondent are all mostly from the Northern part of the country, namely: Abubakar Malami, SAN (Attorney General of the Federation) North West; Mansur Dan Alli (Minister of Defence) North West; Abdulrahman Dambazzau (Minister of  Internal Affairs) North West; Lawal Daura (DG-SSS) North West; Ibrahim Magu ( Acting Chairman, EFCC) North East; Tukur Buratai  (Chief of Army Staff) North East; Sadique Abubakar (Chief of Air Staff) North East; Mohammed Saliu Usman (Chief of Defence Intelligence) North East; Ibrahim Idris (Inspector-General of Police) North Central; Baba Gana Monguno (National Security Adviser) North East; Ahmed Rufai Ababukar (DG NIA) North West; Abdullahi Gana Muhammadu (Civil Defence) North Central; Hamid Ali (Controller-General of Customs) North West; Mohammed Babandede (Comptroller-General of Immigration) North Central; Ja'afaru Ahmed (Comptroller-General of Prisons) North West; Abayomi Olonishakin (Chief of Defence Staff) South West; Ibok-Ete Ekwe Ibas (Chief of Naval Staff) South South.

13.    The afore-stated pattern of appointments clearly shows favouritism and nepotism on the part of the 1st Respondent in favour of the people from the Northern part of the country where he comes from, against me and people from the Southern part of the country, especially the  South east, where I come from.

14.    It is obvious to me that as a citizen of this country, I am at a disadvantage in getting any benefit or official appointment, especially a security or law enforcement appointment, in the federal government of this country owing to this manifest inclination of the 1st Respondent towards favouring people from the North in that regard.

15.    The 1st Respondent had sometime in the past been heard to state categorically that there is no way people from the South east could expect to benefit much from his government, in relation to those from the North, since they largely voted against him during the 2015 presidential election.

16.    The 1st Respondent by his conduct and appointments into strategic security and law enforcement public offices has religiously lived up to his afore-stated averment that people of the South east will be disadvantaged in his government.



17.    The appointments made by the 1st Respondent into top security and law enforcement positions largely excluding people from  the Southern part of the country, especially the South east have placed me and my people from the south east at serious disadvantage in terms of security and kept us at the receiving end of perennial insecurity, especially the brutal violence perpetrated by Fulani herdsmen, who kill my people and other innocent citizens with impunity and go scot free.

18.    I am convinced that the path to peace and unity in this country is for the 1st Respondent to eschew any form of discrimination against the South east and create a conducive environment for peace and harmony in the country by enthroning equality, meritocracy, equity, justice and the rule of law.



19.    It is therefore in the interest of justice that this application be granted.

20.    I depose to this affidavit conscientiously and in good faith believing the contents to be true, correct and in accordance with the Oaths Act.


          ____________________
                                                                                DEPONENT

Sworn to at the Federal High Court Registry, Abuja
This          day of January, 2018

BEFORE ME



COMMISSIONER FOR OATHS




IN THE FEDERAL HIGH COURT OF NIGERIA
HOLDEN AT ABUJA

                                     SUIT NO.

IN THE MATTER OF AN APPLICATION BY ‘FRANCIS MONEKE’ FOR AN ORDER FOR THE ENFORCEMENT OF FUNDAMENTAL RIGHTS

AND

IN THE MATTER OF

FRANCIS MONEKE                    -------------                         APPLICANT

AND

1.    PRESIDENT OF THE FEDERAL REPUBLIC OF NIGERIA
2.    ATTORNEY GENERAL OF THE FEDERATION                             RESPONDENTS


STATEMENT IN SUPPORT OF APPLICATION

1.    NAME AND DESCRIPTION OF THE APPLICANT

The Applicant is Francis Moneke, a legal practitioner, public interest/human rights lawyer of No. 272 Zik’s Avenue, Awka, Anambra State.

2.    RELIEFS SOUGHT

2.1    A DECLARATION that the 1st Respondent, in making appointments into key security and law enforcement offices and positions in Nigeria, is obligated to comply with the Constitution by ensuring that as far as possible, all regions/geo political zones are represented and that no region/geo political zone is patently discriminated against.
2.2     A DECLARATION that the consistent appointments made by the 1st Respondent into key security and law enforcement offices and positions in Nigeria are unfairly skewed in favour of people from the Northern part of the country, and amounts to a systematic discrimination against the Applicant and people of the Southern part of the country, especially the South east by reason of their ethnicity, and amounts to a violation of the right to freedom from discrimination  guaranteed under Section 42 (1) & (2) of the Constitution of the Federal Republic of Nigeria, 1999 (as amended) and Article 2 of the African Charter on Human & Peoples’ Rights (Ratification & Enforcement) Act Cap A9, Laws of the Federation of Nigeria, 2004.
2.3    AN ORDER of perpetual injunction restraining the 1st Respondent whether by himself, officers, agents, privies or otherwise howsoever from further acts of discrimination against the Applicant and the entire South east geo-political zone in subsequent appointments into security and law enforcement offices and positions in Nigeria.
2.4    AN ORDER compelling the 1st Respondent to forthwith change the current skewed structure of top federal security and law enforcement appointees by appointing some candidates from the South East into such positions.
2.5    And for such further order or other orders as this Honourable Court may deem fit to make in the circumstances.

3.    GROUNDS UPON WHICH THE RELIEFS ARE SOUGHT

3.1    The 1st Respondent has consistently appointed almost entirely only persons from the Northern part of the country into key and top  security, intelligence and law enforcement offices and positions in Nigeria and systematically excluded the Applicant and other qualified persons from the Southern part, especially the South east geo-political zone thus violating their rights to freedom from discrimination guaranteed under Section 42 (1) & (2) of the Constitution of the Federal Republic of Nigeria, 1999 (as amended) and Article 2 of the African Charter on Human & Peoples’ Rights (Ratification & Enforcement) Act  Cap A9, Laws of the Federation of Nigeria, 2004.

3.2    The Applicant and people of the South east are bonafide citizens of Nigeria and cannot be subjected to disabilities or restrictions to which citizens of Nigeria from the Northern part of the country are not subjected to. Furthermore, it is unconstitutional for persons from the Northern part of the country to be accorded special privilege or advantage which the Applicant and other people from the Southern part of the country, especially the South east, are not accorded.

Dated this 29th day of January 2018
                                                                                           

_____________________
Ikenna Okoli, FCIArb.
F. C. Moneke, LLM (London)
Applicant’s Counsel
Human Rights & Empowerment Project Ltd/Gte 
47 Modupe Johnson Crescent
Surulere, Lagos
                                    hrepngr@gmail.com 
0815 216 5982, 08183531785
                                                                                                          OR
                                                                                                          C/o Benson Igbanoi Law Partners
                                                                                               Suite 32, Joshua Plaza
                                                                                               7 Damba Close
                                                                                               Zone 5, Wuse, Abuja

FOR SERVICE ON:
The Respondents
C/o Attorney General’s Chambers
Justice Headquarters
Shehu Shagari Way
Central District, Maitama, Abuja

Gozie Francis Moneke, LLM (London) sues President Muhammadu Buhari over nepotism in appointment Gozie Francis Moneke, LLM (London) sues President Muhammadu Buhari over nepotism in appointment Reviewed by Odogwu Emeka Odogwu on Tuesday, January 30, 2018 Rating: 5

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