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*Seek 16 trillion as damages for exclusion from guber poll, failure to produce indigenous FCT minister
INDIGENES of Abuja, the nation’s capital city, operating under the aegis of Abuja Original Inhabitants Youths Empowerment Organisation, AOIYEO, have dragged the federal government to court demanding for establishment of a political structure similar to that of the 36 states of the federation.
The youth wing of the original inhabitants of the Federal Capital Territory, in a statement, said they have already filed a suit to this effect, marked Suit NO: FCT/HC/CV/85/2023 before the FCT High Court.
The suit, according to the statement, was filed on behalf of the organization by The Registered Trustees of Abuja Original Inhabitants Youths Empowerment Organisation.
The suit, the statement explained, was intended to make the court order the President and the National Assembly of the Federal Republic of Nigeria, to establish the Federal Capital Territory, Abuja, functionaries and political structure to enable the indigenes of the FCT Abuja to participate in elections akin to House of Assembly and governorship elections scheduled for MARCH 11, 2023.
Granting the order, the group said, would end the discrimination against the indigenes of the Federal Capital Territory.
The applicant filed the suit through their lawyer, James Egah Nadeye,Esq,of Ndeye Chambers,on the 6th February, 2023 in the High court of justice of the Federal Capital Territory, Abuja seeking among other things,”a declaration that Section 299 of the 1999 Constitution of the Federal Republic of Nigeria equates Federal Capital Territory, Abuja with a State in status,and a declaration that the failure of the Respondents to provide administrative units and political structure for the Federal Capital Territory, Abuja comprising a Legislative body and Executive body akin to House of Assembly of a State and Governor of a state amounts to constitutional breach and a flagrant violation of fundamental rights of the Applicant and the entire indigenes of FCT, Abuja to freedom from discrimination, dignity of persons as enshrined in S.42 and 34 (I) of the 1999 Constitution of the Federal Republic of Nigeria (as amended) and Articles 2, 3, 5, 13, 19 and 20 of the African Charter on Human and Peoples’ Rights (Ratification and Enforcement)Act. Cap A9, Laws of the Federation of Nigeria, 2004.”
The applicant prayed the court to give an order “directing the respondents, particularly the 1st Respondent to give effect to section 299, 301 and 302 of the 1999 Constitution of the Federal Republic of Nigeria and section 18(b) of the Federal Capital Territory Act Cap. F6, Laws of the Federation of Nigeria, 2004 to propose an executive bill or exercise his executive powers to establish for the Federal Capital Territory, Abuja an elective functionary executive body akin to the Governor of a state wherein citizens of Nigeria in particular, indigenes of the FCT, Abuja shall participate in elections to vote and stand to be voted into like their counterparts in the states of the federation on the 11th March 2023 or any later date before the new democratic order on the 29th May 2023 to end the discrimination against the indigenes of FCT Abuja.”
The applicant also prayed tye the court grant an order “directing the respondents particularly, the 2nd respondent to give effect to sections 4(2) Sub-section (4) (b); Section 303 of the 1999 Constitution to embark on “accelerated passage of the bill” to create administrative units and political structure for Federal Capital Territory, Abuja to enable the indigenes of FCT Abuja to participate in elections akin to states House of Assembly and Governorship elections scheduled for 11th March 2023 or on any later date before the inauguration of a new democratic order on the 29th May 2023 and thereby end the discrimination of the applicants and the indigenes of FCT, Abuja.”
Alternatively,it prayed the court to grant an order “directing the respondents particularly the 2nd respondent to as a matter of “urgency” and “exigency” applying the “Doctrine of Necessity” pass a Resolution allowing elections to be conducted into designated Executive and Legislative bodies in whatever manner for the Federal Capital Territory, Abuja wherein the indigenes of Federal Capital Territory, Abuja could participate to vote and be voted for in the elections akin to the House of Assembly of a State and Governor of a State scheduled for the 11th March 2023 or any later date before the inauguration of a new democratic order on 29th May 2023 and thereby end the discrimination against the Applicants and the indigenes of Federal Capital Territory, Abuja.”
Other reliefs sought are an order “directing the respondents, particularly the 1st respondent to give effect to the provisions of Section 147(3) 302 of the 1999 Constitution and immediately appoint a Minister for the Federal Capital Territory, Abuja from among the indigenes of the Federal Capital Territory, Abuja.
“The sum N15,000,000.000.000.00 (Fifteen Trillion Naira) only for the applicants and the entire indigenes of FCT, Abuja as damages for the infringement of their fundamental rights of freedom from discrimination and dignity of person for the past epochs of democratic dispensation in Nigeria from 1979 to date they have suffered, the deprivations and non-participation in elections into legislative and executive bodies akin to a State House of Assembly and Governorship of a State and all benefits, privileges and rights inherent thereto.
“The sum N1,000,000.000.000.00 (One Trillion Naira) only for the applicants and the indigenes of FCT, Abuja as damages for the infringement of their fundamental rights of freedom from discrimination against the appointment of a Minister of the Federal Republic Nigeria for the past epochs of democratic dispensation.
“The Plaintiffs’ case is in 1979, 1983, 1991, 1999, 2003, 2007, 2011, 2015, 2019 Governorship and House of Assembly elections were conducted nationwide in the states of the federation except for the Federal Capital Territory, Abuja.
“That on the 11th day of March 2023 Governorship and House of Assembly elections will be conducted nationwide in the 36 states of the federation except for the Federal Capital Territory, Abuja.
“That the Nigerian citizens who are indigenes of the Federal Capital Territory are the only people who do not enjoy representation in the state government with a Legislative body akin to the state House of Assembly and an Executive body akin to that of a state Governor.
“That the citizens of Nigeria who are indigenes of FCT-Abuja are the only people in Nigeria not accorded the privilege and right to participate in elections to vote and to stand for elections into legislative and executive bodies akin to state House of Assemble and Governor of a state like their counterparts in the 36 states of the Federation.
“That the citizens of Nigeria who are indigenes of Abuja are the only people in Nigeria that are subjected to the practical application of Federal Laws, Federal Executive and Legislative bodies and administrative or executive actions of the Federal Government by virtue of section 299(a)(b), 301, 302 of the 1999 constitution and the Electoral Act(as amended) as such a flagrant violation of their fundamental rights to the dignity of the person, freedom from discrimination.
“That indigenes of the Federal Capital Territory are the only people who are governed by a Minister as a Governor acting for the President of the Federal Republic of Nigeria.
“That no Minister has ever been appointed by the President from among the indigenes of the Federal Capital Territory, Abuja particularly the Minister of the Federal Capital Territory who have been non-indigenes since its creation in 1976.
“That indigenes of Federal Capital Territory, Abuja are the only people who have been deprived of a 2nd tier system of government in a country that is practising federalism.
“It is highly disturbing to see that the Nigerian citizens who are indigenes of the Federal Capital Territory, Abuja are the only people because of their place of origin and ethnic background not accorded privilege and rights particularly that flows from a 2nd tier system of government and dividends of democracy like their counterparts in the country.’”
It noted that”Interestingly, citizens of Nigeria of other communities, ethnic groups, places of origin have been enjoying privileges, rights and advantages of a 2nd tier system of government provided by the respondents to the exclusion of the applicants and indigenes of Federal Capital Territory, Abuja.”
The applicant noted,”That the foregoing amounts to a denial of the FCT indigenes’ right to dignity of their person and freedom from discrimination as enshrined in sections 34, 42 of the 1999 constitution of the Federal Republic of Nigeria (as amended) and the African Charter on Humans and Peoples’ Rights.
“There is nothing to justify domination by citizens of Nigeria of other communities, ethnic groups and places of origin on the indigenes of Federal Capital Territory, Abuja.
That from the gamut of the foregoing, the fundamental rights of the applicants have been, are being and at the verge of violation, particularly on the 11th March 2023 when Governorship and House of Assembly elections will be conducted nationwide in the 36 states of the federation to the exclusion of the Applicant and entire indigenes of FCT, Abuja.
“That indigenes of FCT Abuja are in a dire political strait which requires the President and National Assembly to exercise their legislative duty to go extra miles by extra-constitutional civil means such as applying the ‘Doctrine of Necessity” in consideration of the exigency to protect the well-being of the indigenes of FCT, Abuja and pass a ‘Resolution’ providing for a political arrangement for the Federal Capital Territory, Abuja such as the Executive and Legislative bodies equal to the states of the federation for the purpose of elections into such offices as a matter of “necessity” to end the discrimination against the Applicant and those whose interest he seeks to protect.
“The Plaintiffs’ further claim is that as a result of the acts of the President and National Assembly by their refusal, neglect, and failure to provide for the FCT Abuja political structure wherein indigenes shall participate in elections like their counterpart citizens in the states of the federation for Governorship and House of Assembly, the Plaintiffs suffered general damages.”
