Emergency Rule: FG Files Preliminary Objection
From Lillian Okenwa in Abuja
The Federal Government has filed a notice of preliminary objection urging a Federal High Court Abuja to dismiss the suit instituted by a coalition of human rights groups challenging the imposition of a state of emergency in Plateau State.
The Federal Government's objection, which was filed by Chief Afe Babalola (SAN), is premised on the grounds that the originating summons through which the action was commenced did not comply with the mandatory conditions precedent to the issuance of a valid originating summons.
In addition, government is challenging the locus standi of the rights groups to institute the action.
The suit, which was filed on behalf of the 13 rights groups by Chief Gani Fawehinmi (SAN) among other things, urged the court to nullify the Plateau State emergency rule proclaimed by President Olusegun Obasanjo on May 19, 2004 for not conforming with the 1999 Constitution.
It also asked the court to order the sack of Major Gen. Chris Alli as the Sole Administrator of the state. Joined as defendants in the suit are Obasanjo, Alli, Senate President Adolphus Wabara, Speaker of the House of Representatives, Alhaji Aminu Bello Masari, Chief Joshua Dariye, Governor of Plateau State, Chief Michael Bot-Mang, Deputy Governor Plateau State, Plateau State House of Assembly and the Attorney General of Plateau State.
Earlier some concerned citizens of Plateau state, Messrs. Elisha Mallo and Nyam Adang filed a similar suit in the same Court against Obasanjo and the Attorney General of the Federation and Minister of Justice, Chief Akinlolu Olujimi, SAN, over the controversial declaration.
It was their contention that the pronouncement was unconstitutional, illegal, null and void and that the 1999 Constitution did not empower anybody to suspend a democratically elected Governor, Deputy Governor and House of Assembly of Plateau State.
Mrs. Valerie Azinge, counsel to the plaintiffs, like the civil society groups, asked the court to determine "whether in the light of the provisions of Section 305 of the Constitution of the Federal Republic of Nigeria, 1999, there was actual break down or danger of actual break down of public order in Plateau State to warrant the declaration of state of emergency therein by the 1st defendant (Obasanjo) on the 18th of May, 2004 and ratified by the 3rd and 4th defendants (the Senate and House of Representatives) on the 19th of May, 2004.
"Whether in view of section 305 of the Constitution of the Federal Republic of Nigeria 1999, the 1st, 2nd, 3rd and 4th defendants (Obasanjo, Olujimi, Senate and House of Representatives) have not violated the due processes for declaring a state of emergency in Plateau State.
"Whether they have powers within the provisions of the Constitution of the Federal Republic of Nigeria 1999 to appoint Chris Alli as Sole Administrator of Plateau State."
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