Lagos based lawyer,
Chief Gani Fawehinmi
(SAN) and the National Conscience Party (NCP), have sued the federal government over the grant of $40 million (N6.4 billion) to Ghana and $5 million to Sao Tome and Principe.
In an originating summons filed at the Federal high court, yesterday in Abuja, the plaintiffs are asking the court to declare that the grant was unconstitutional, illegal and null and void, being a contravention of section 164 (2) of the 1999 constitution.
Section 164 (2) of the 1999 constitution reads thus: “The federal government may make external grants to a foreign state or any international body in furtherance of the foreign policy objectives of Nigeria in such sum and subject to such terms and cond-itions as may be prescribed by the National Assembly.
The suit was filed by Chief Gani Fawehinmi, Mr Femi Aborisade and the National Conscience Party (NCP).
Listed as defendants are: The president of the Federal Republic of Nigeria, the National Assembly and the Attorney General of the Federation.
In the suit, the plaintiffs also asked for an injunction restraining the president, other public officers, their agents, servants and privies from giving effect to the said loan.
In an affidavit in support of the originating summons deposed to by the general secretary of NCP, Mr Femi Aborisade said that “Nigeria is enveloped by a devastating poverty amongst the masses of our people who have no access to continuous electricity supply, water, medical facility, employment, educational facilities, good roads, nutritious food thereby causing a low and primitive quality of lives for the masses.
He said “I have the consent and authority of the plaintiffs to depose to the affidavit.”
Also, Chief Fawehinmi said that he instituted the suit as a legal practitioner, tax payer since 1965 and as the chairman of the National Conscience Party (NCP).
“As a Senior Advocate of Nigeria (SAN), the 1st plaintiff (Fawehinmi) swore to an oath on Monday, September 10, 2001 at his conferment to protect and defend the 1999 constitution of Nigeria.”
He said, “The plaintiffs have interests in the obser-vance of the constitution of the federal republic of Nigeria and in the way and manner the revenue of the federation is expended.
He said that at no time did the National Assembly prescribe any terms and condi-tions for external grants to a foreign state or any international body. The case is yet to be fixed for hearing.
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