The ruling All Progressives
Congress, APC, has been dragged to a Federal High Court in Abuja by an advocacy
group under the aegis of Kingdom Human Rights Foundation International, over
the ruling party’s decision to zone the leadership of the National Assembly in
a manner that would exclude the South-East region of the country.
The group, alongside a member of
the ruling party, Hon. Kenneth Uzochukwu, who was cited as the 2nd Plaintiff,
in an originating summons marked as FHC/ABJ/CS/477/2019, posed three legal
questions for the determination of the court.
They equally sought for six
declarations. Cited as defendants in the matter were the APC, the National
Assembly and the Federal Character Commission.
Specifically, the plaintiffs,
through their lawyer, Okere Nnamdi, are praying the court to determine:
“Whether the 1st Defendant (APC), can ignore the express provisions of Section
224 of the 1999 Constitution of the Federal Republic of Nigeria in zoning/determining
which of the six geo-political zones in Nigeria (recognized in the Federal
Character Establishment Act) produces the presiding and principal officers of
the 9th National Assembly comprising of the House of Representatives and the
Senate.
“Whether the decision of the 1st
defendant to zone/cede the office of the Senate President to the North East,
Deputy Senate President to South-South; and Speaker of the House of
Representatives to the South west and Deputy Speaker to North Central and
thereby totally excluding/obliterating/annihilating the South east
geo-political zone in the political arithmetic of Nigeria, particularly in the
9th National Assembly breaches the express provisions, spirit and tenor of
sections 14 (3) and (4) and 244 of the 1999 Constitution (as amended); AND
complies with the Federal Character principle of Nigeria.
“Whether in view of the combined
reading of Section 1 (3) of the Constitution of the Federal Republic of Nigeria
1999 (as amended) and Article 2 of the Constitution of the All Progressives
Congress 2014 (as amended), the National Executive Committee or the National
Working Committee of the 1st Defendant can take any decision to zone principal
and presiding officers of the National Assembly of Nigeria in a manner that offends
the express provisions, sprit and tenor of sections 14 (3) and (4) and 224 of
the Constitution of the Federal Republic of Nigeria 1999 (as amended); by
subjecting the Igbos of South-east Nigeria to discrimination, marginalization,
humiliation, domination, suppression, hatred and inequality in Nigeria.”
Upon determination of the
questions, the plaintiffs, prayed the court to declare that, “The 1st Defendant
cannot for any reason whatsoever ignore the express provisions of Section 224
of the 1999 Constitution of the Federal Republic of Nigeria in
zoning/determining which of the six geo-political zones in Nigeria (recognized
in the Federal Character Establishment Act) produces the Presiding and
Principal Officers of the 9th National Assembly comprising of the House of
Representatives and the Senate.
“A declaration of the honourable
court that the decision of the 1st defendant to zone/cede the office of the
Senate President to the North East, Deputy Senate President to South-South; and
Speaker of the House of Representatives to the South west and Deputy Speaker to
North Central and thereby totally excluding/obliterating/annihilating the South
east geo-political zone in the political arithmetic of Nigeria breaches the
express provisions, spirit and tenor of sections 14 (3) and (4) and 244 of the
1999 Constitution (as amended); AND offends the Federal Character Principle of
Nigeria.
“A declaration of the honourable
court that the National Executive Committee or the National Working Committee
of the 1st Defendant cannot take any decision to zone or cede principal and
presiding officers of the National Assembly of Nigeria in a manner that offends
the express provisions, sprit and tenor of sections 14 (3) and (4) and 224 of
the Constitution of the Federal Republic of Nigeria 1999 (as amended); in view
of the combined reading of section 1 (3) of the Constitution of the Federal
Republic of Nigeria 1999 (as amended) and Article 2 of the Constitution of the
All Progressives Congress 2014 (as amended).
“An order of the Court
directing/compelling the 1st Defendant to review/reverse its unconstitutional,
unjust, discriminatory and clannish decision to zone/cede the
presiding/principal officers of the National Assembly in a manner that offends
the Federal Character of Nigeria, provided for in section 14 (3) and (4) of the
1999 Constitution (as amended).
“An order directing and
compelling the 1st Defendant to observe the Federal Character Principle of
Nigeria in every of its decision(s) and program(s) in line with the express/mandatory
provisions of section 224 of the 1999 Constitution of the Federal Republic of
Nigeria. Likewise,
“An Order of court
compelling/mandating the Federal Character Commission of Nigeria to carry out
its constitutional/statutory responsibility of working out equitable formula
for the distribution of all cadres of posts in Public Service of the
Federation, particularly the present composition of the government of the
Federation; to wit: (a) President Muhammadu Buhari (President) North. (b) Prof.
Yemi Oshibanjo (Vice President) South-west (c) Justice Tanko Muhammed (Chief
Justice of Nigeria) North; in such a way that the Heads/Presiding Officers of
the National Assembly must balance the equation among the six geo-political
zones recognized by Law.”
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