The Federal High Court sitting at Warri, Delta State on Monday
4th July 2017 granted JOHN-Larry OJUKOKO ESQ. AND DR. EJIRO IMUERE
their Application to file and serve outside Jurisdiction the
Originating summons in suit NO.FHC/WR/CR/77/2017 against President
Mohammadu Buhari, the Senate President, Speaker House of
Representatives and 2 others.
JOHN-Larry OJUKOKO ESQ. AND DR. EJIRO IMUERE seeks the court for
the determination of the following questions:
1. Whether or not by the combined effect of sections 144 (1) and
(2) of the 1999 constitution of the Federal Republic of Nigeria as
Amended impose a duty on the 2nd, 3rd and 4th Defendants to verify
the medical fitness of the president of the Federal Republic of
Nigeria where exist a clear evidencethat the president of the
Federal Republic of Nigeria over a period of time is incapable of
performing his constitutional duty due to ill health.
2. Whether or not by the combined effect of the provisions of
section 14 (2) (b), section 143 (1), (2) (11) of the 1999
constitution of the Federal Republic of Nigeria as amended Vis A
Vise the incessant killings and wanton destruction of properties by
group identified as herdsmen with no visible and decisive move to
end same by the 1stDefendant amount to “Gross Misconduct on the
part of 1st Defendant.
3. Whether the May 2017 recruitment of 479 cadet officers by the
Department of State Service (DSS) of which 331 (Three Hundred and
Thirty One ) are from the 3 Northern Geographical Zone of North
West, North East and North Central with KatsinaState having 51
cadet officers while the 3 South Geographical Zone of West, East
and South admitted 143 cadet officers with Lagos having 7 cadet
office, contravene section 14(3) of the 1999 constitution of the
Federal Republic of Nigeria as amended thereby amount to “Gross
Misconduct” on the part of the 1st Defendant as defined in Section
143 (ii) of the 1999 constitution as amended.
The Plaintiffs/Applicants in the suit are claiming against the
defendants jointly and/or severally as follows:
A. A Declaration that the combined effect of sections 144 (1)
and (2) of the 1999 constitution of the Federal Republic of Nigeria
as Amended impose a duty on the 2nd, 3rd and 4th Defendants to
verify the medical state of the 1st Defendant to ascertain whether
he is capable of performing his constitutional duty as President of
the Federal Republic of Nigeria.
B. A Declaration that by virtue of Section 14 (2) (b) of 1999
Constitution as amended, the 1st Defendant is duty bound to put an
end to the incessant killing and wanton destruction of properties
across Nigeria by the group known as herdsmen.
C. A Declaration that lopsided recruitment of 479 cadet officers
into the Department of State Service contravene Section 14(3) of
the 1999 Constitution as amended.
D. A Declaration that, the non adherence to Sections 14 (2) (b)
and (3) of the 1999 Constitution as amended the 1st Defendant, has
failed in hisconstitutional duties and his Oaths of Allegiance.
E. An Order of Mandamus compelling the 2nd and 3rdDefendants to
set up medical panel to examine the medical fitness of 1st
Defendant to discharge the function of the office of President.
F. AN Order of Mandamus compelling the National Assembly to set
in motion the provision of Section 143 of the 1999
Constitution.
The summons was taken out by AGHOGHO AKPOBI-OKPAKO (MRS) of J.L.
Oghenevwaerhe Ojukoko & Associates, Effurun, Delta State.
No date has being fixed for the hearing of the suit.
The Federal High Court sitting at Warri, Delta State on Monday
4th July 2017 granted JOHN-Larry OJUKOKO ESQ. AND DR. EJIRO IMUERE
their Application to file and serve outside Jurisdiction the
Originating summons in suit NO.FHC/WR/CR/77/2017 against President
Mohammadu Buhari, the Senate President, Speaker House of
Representatives and 2 others.
JOHN-Larry OJUKOKO ESQ. AND DR. EJIRO IMUERE seeks the court for
the determination of the following questions:
1. Whether or not by the combined effect of sections 144 (1) and
(2) of the 1999 constitution of the Federal Republic of Nigeria as
Amended impose a duty on the 2nd, 3rd and 4th Defendants to verify
the medical fitness of the president of the Federal Republic of
Nigeria where exist a clear evidencethat the president of the
Federal Republic of Nigeria over a period of time is incapable of
performing his constitutional duty due to ill health.
2. Whether or not by the combined effect of the provisions of
section 14 (2) (b), section 143 (1), (2) (11) of the 1999
constitution of the Federal Republic of Nigeria as amended Vis A
Vise the incessant killings and wanton destruction of properties by
group identified as herdsmen with no visible and decisive move to
end same by the 1stDefendant amount to “Gross Misconduct on the
part of 1st Defendant.
3. Whether the May 2017 recruitment of 479 cadet officers by the
Department of State Service (DSS) of which 331 (Three Hundred and
Thirty One ) are from the 3 Northern Geographical Zone of North
West, North East and North Central with KatsinaState having 51
cadet officers while the 3 South Geographical Zone of West, East
and South admitted 143 cadet officers with Lagos having 7 cadet
office, contravene section 14(3) of the 1999 constitution of the
Federal Republic of Nigeria as amended thereby amount to “Gross
Misconduct” on the part of the 1st Defendant as defined in Section
143 (ii) of the 1999 constitution as amended.
The Plaintiffs/Applicants in the suit are claiming against the
defendants jointly and/or severally as follows:
A. A Declaration that the combined effect of sections 144 (1)
and (2) of the 1999 constitution of the Federal Republic of Nigeria
as Amended impose a duty on the 2nd, 3rd and 4th Defendants to
verify the medical state of the 1st Defendant to ascertain whether
he is capable of performing his constitutional duty as President of
the Federal Republic of Nigeria.
B. A Declaration that by virtue of Section 14 (2) (b) of 1999
Constitution as amended, the 1st Defendant is duty bound to put an
end to the incessant killing and wanton destruction of properties
across Nigeria by the group known as herdsmen.
C. A Declaration that lopsided recruitment of 479 cadet officers
into the Department of State Service contravene Section 14(3) of
the 1999 Constitution as amended.
D. A Declaration that, the non adherence to Sections 14 (2) (b)
and (3) of the 1999 Constitution as amended the 1st Defendant, has
failed in hisconstitutional duties and his Oaths of Allegiance.
E. An Order of Mandamus compelling the 2nd and 3rdDefendants to
set up medical panel to examine the medical fitness of 1st
Defendant to discharge the function of the office of President.
F. AN Order of Mandamus compelling the National Assembly to set
in motion the provision of Section 143 of the 1999
Constitution.
The summons was taken out by AGHOGHO AKPOBI-OKPAKO (MRS) of J.L.
Oghenevwaerhe Ojukoko & Associates, Effurun, Delta State.
No date has being fixed for the hearing of the suit.