RE: WEAPONS HARAM: KANO GOES TO COURT!

Now, then, Kano has again risen to the occasion. Some concerned citizens, afraid of ‘Sweeping Under the Carpet Syndrome’, this Wednesday went to the Federal High Court, Kano, asking the Judicial Arm of Government to help unravel this Suspenseful Mystery of Shakespearean Proportions allegedly executed by the Executive Arm, assisted in the breach by the […]

Now, then, Kano has again risen to the occasion. Some concerned citizens, afraid of ‘Sweeping Under the Carpet Syndrome’, this Wednesday went to the Federal High Court, Kano, asking the Judicial Arm of Government to help unravel this Suspenseful Mystery of Shakespearean Proportions allegedly executed by the Executive Arm, assisted in the breach by the Legislative Arm (for NOT checking and balancing, as it were).
In this case, there are three groups of Dramatis Personae: The First Group, the Plaintiffs, are Dr. Sa’idu Ahmad Dukawa of the Department of Political Science at Bayero University, Kano (BUK), leading others (Dr. Salisu Shehu also of BUK; Isa Ibrahim Garba of College of Business and Administrative Studies, Potiskum, Yobe State;  Kamilu Hassan Kwakwatawa a school proprietor; and Umar Jibrin Gwandu also of BUK).
The Second Group, the Defendants include the President of Federal Republic of Nigeria (1st Defendant – one now knows that The Office of the President could be sued; immunity only covers The Person). Other Defendants are the National Assembly (2nd); the Inspector General of Police (3rd); the Economic and Financial Crimes Commission (EFCC) (4th); Eagle Air Limited (5th); Green Coast Produce Limited 6th); and Pastor Ayodele Joseph Oritsejafor (7th).
The Third Group are the lawyers filing the case, led by Barrister Audu Bukarti Bulama (he of the Southerners-in-the-North Registration Bill), leading Gazali Ahmad Mu’az, Farouk Haruna, Nasir Sa’idu, Rabi’u Abbas, Salisu Salisu Umar, Sanusi Lawan Fandubu, Usman Imam and Yahaya Sulaiman (all of S. S.Umar & Co. Chambers).
The Plaintiffs, through their lawyers, are seeking the following reliefs from the Federal High Court, Kano:
A DECLARATION that the claim of the 1st Defendant of the authorisation of the transaction in question amounts to a breach of the 1st Defendant’s Oath of Allegiance and Oath of Office sworn to on the 29th day of May, 2011, and abuse of power contrary to Section 15 (5) of the Constitution of the Federal Republic of Nigeria, 1999 (as amended) and other relevant laws in force in Nigeria;
A DECLARATION that the 1st Defendant has a Constitutional and Statutory responsibility, duty and function to make full and honest disclosure of every material information connected with the  cash ferried to South Africa without following due procedure of law, including but not limited to the particulars of the two Nigerians arrested in connection with the said transaction, reason(s) for the use of the private/commercial jet of the 7th Defendant despite the fact that the 1st Defendant has ten official aircraft, reason(s) why the said Defendant opted for an illegal route of purchasing the alleged weapons, reason(s) for ferrying cash instead of using modern methods of financial transactions, reason(s) for violating international law, rules, regulations and standards for transportation of cash and purchase of weapons;
A DECLARATION that the 2nd Defendant established by and under Section 47 of the Constitution has the constitutional and statutory responsibility, duty and function under Sections 88 and 89 of the Constitution to direct or cause an investigation into the cash ferried to South Africa without following due procedure of law, make its findings known to the public and take all necessary action(s) provided by and under the Constitution and the law;
A DECLARATION that the 3rd Defendant established under Sections 214 and 215 of the Constitution has the statutory responsibility, duty and function under the Police Act, Cap. P19, Laws of the Federation of Nigeria, 2010 and other relevant laws in force in Nigeria to prevent, detect, and investigate any crime(s) and to investigate criminal allegations whether brought to their notice by an individual or group of individuals, person or persons, corporate bodies including media houses, governments, whether domestic or foreign, institutions, against or not against any person or persons, corporate bodies, institutions or any Public Officer or Public Officers, including the President of the Federal Republic of Nigeria;
A DECLARATION that the 4th Defendant established under Section 1 of the Economic and Financial Crimes Commission (Establishment) Act, Cap. E1, Laws of the Federation of Nigeria, 2010, has a statutory duty, power and function under Section 6 of the Act to investigate all cases of economic crimes with a view to identifying individuals, corporate bodies or groups involved for the purpose of prosecution;
A DECLARATION that the 5th, 6th and 7th Defendants have a statutory responsibility and duty to make full and honest disclosure of every material information connected with the cash ferried to South Africa without following due procedure of law, including but not limited to detailed information on the role and involvement of each of them in the transaction in question, the names and particulars of directors and shareholders of the 5th and 6th defendants, their registered objects/businesses and addresses and their relevant permits, licenses and approvals (if they have any), detailed information about the alleged agreement between the 5th and the 7th Defendants, including any registered documents evidencing the alleged agreement and any licenses and approvals (if they have any), the propriety interest of the 7th Defendant in the 5th and 6th Defendant and any other relationship(s) they might have.
If these reliefs are granted, the Plaintiffs also seek from the Court an order of mandamus to compel the Defendants to comply with of the afore-mentioned declarations sought. They also seek such further or other order(s) the Court may deem fit to make in the circumstance of this case.
In their conclusion, the Plaintiffs averred that the facts of this case, as deposed to in the Affidavit in Support, clearly established that the 1st Respondent has breached his Oath of Allegiance and Oath Office and has abused his powers; that the 2nd respondent has power, duty and responsibility to investigate the incident in question and take steps to remedy the illegality in the interest of all Nigerians; that it is also clear from the facts that several serious crimes have been committed by the actors in this incident and all a full-pledged criminal investigation undertaken by the 3rd and 4th Defendants will reveal the facts and circumstances of the incident in question so that the culprits can be brought to book.
The Plaintiffs also averred that there are many critical questions requiring transparent and convincing answers in the interest of the integrity and continued peaceful co-existence of this country. They therefore urge the Court to grant all their prayers in the interest of justice and posterity.
And as we await Act Three of this ‘Oritsejaforgate Drama of Life and Death’ and pass through Allah’s trials, we continue reciting HasbunalLahu wa ni’imal Wakeel! (Allah is Sufficient for us and He is the Best Disposer of affairs.”)