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Chief Gani Fawehinmi,
LLD, SAN

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If both the appointment and the confirmation referred to in questions 1 and 2 above are not in compliance with the Economic and Financial Crimes Commission Act No. 1 of 2004, whether same (i.e. both the appointment and confirmation) can be set aside.

 

Suit: Gani Fawehinmi v. President of Nigeria and Ors.
by Chief Gani Fawehinmi, LLD, SAN

 

IN THE FEDERAL HIGH COURT

IN THE ABUJA JUDICIAL DIVISION

HOLDEN AT ABUJA

SUIT NO: FHC/ABJ/CS/360/2008

BETWEEN:

CHIEF GANI FAWEHINMI Plaintiff

AND

1. PRESIDENT OF THE FEDERAL REPUBLIC OF NIGERIA

2. CHIEF (MRS) FARIDA WAZIRI

3. THE SENATE OF THE NATIONAL ASSEMBLY OF Defendants

THE FEDERAL REPUBLIC OF NIGERIA

4. ECONOMIC AND FINANCIAL CRIMES COMMISSION (EFCC)

5. ATTORNEY-GENERAL OF THE FEDERATION

 

ORIGINATING SUMMONS

LET the 1st Defendant, the President of the Federal Republic of Nigeria c/o the Attorney-General of the Federation, Attorney-General’s Chambers, Federal Ministry of Justice, Shehu Shagari Way, Central District, Abuja, the 2nd Defendant, Chief (Mrs) Farida Waziri c/o of the Economic and Financial Crimes Commission of Plots 1017 and 1018 Coree Bay Crescent, Off Adetokunboh Ademola Crescent, Wuse II, Abuja, the 3rd Defendant, Senate of the National Assembly of the Federal Republic of Nigeria, c/o The Clerk of the National Assembly, Three Arms Zone, Asokoro, Abuja, the 4th Defendant, Economic and Financial Crimes Commission of Plots 1017 and 1018 Coree Bay Crescent, Off Adetokunboh Ademola Crescent, Wuse II, Abuja, the 5th Defendant, Attorney-General of the Federation, Attorney-General’s Chambers, Federal Ministry of Justice, Shehu Shagari Way, Central District, Abuja within eight days after service of this summons on them inclusive of the day of such service cause an appearance to be entered for them to this summons which is issued upon the application of the plaintiff c/o Nigerian Law Publications Limited, Bobsar Building (1st Floor), 1035 Michka Street, Near Assemblies of God Church, off Ahmadu Bello Way, Garki, Abuja within the jurisdiction of this Honourable Court who claim for the determination of the following questions.

QUESTIONS:

1. Whether the President of the Federal Republic of Nigeria, the 1st defendant has the legal competence to appoint Chief (Mrs) Farida Waziri, the 2nd defendant as Chairman of the Economic and Financial Crimes Commission when the Office of the Chairman of the Economic and Financial Crimes Commission is not vacant as the incumbent Chairman of the Economic and Financial Crimes Commission at that time, Mallam Nuhu Ribadu has not been formally removed as Chairman of the Economic and Financial Crimes Commission, pursuant to Section 3(2) of the Economic and Financial Crimes Commission Act No. 1 of 2004.

2. Whether the Senate of the National Assembly, the 3rd defendant could exercise its powers pursuant to Section 2(3) of the Economic and Financial Crimes Commission Act to confirm the appointment of Chief (Mrs) Farida Waziri, the 2nd defendant when the incumbent chairman of the Economic and Financial Crimes Commission at that time, Mallam Nuhu Ribadu has not been removed from office by the President pursuant to the power conferred on him by Section 3(2) of the Economic and Financial Crimes Commission Act No. 1 of 2004.

3. If both the appointment and the confirmation referred to in questions 1 and 2 above are not in compliance with the Economic and Financial Crimes Commission Act No. 1 of 2004, whether same (i.e. both the appointment and confirmation) can be set aside.

 

CLAIMS

AND the plaintiff claims the following reliefs:

1. A DECLARATION that the appointment of Chief (Mrs) Farida Waziri as Chairman of the Economic and Financial Crimes Commission by the 1st defendant, President of the Federal Republic of Nigeria in May, 2008 is illegal, null and void and of no effect whatsoever as the Office of Chairman of the Economic and Financial Crimes Commission was not vacant in that at the time of the appointment, the incumbent Chairman of the Economic and Financial Crimes Commission, Mallam Nuhu Ribadu has not been removed from office by the 1st defendant, the President of the Federal Republic of Nigeria as he is required so to do by Section 3(2) of the Economic and Financial Crimes Commission Act No. 1 of 2004.

2. A DECLARATION that the confirmation of the 2nd defendant, Chief (Mrs) Farida Waziri as Chairman of the Economic and Financial Crimes Commission on Thursday, 5th June, 2008 by the 3rd defendant, Senate of the National Assembly pursuant to Section 2(3) of the Economic and Financial Crimes Commission Act No. 1 of 2004 is illegal, null and void and of no effect whatsoever since the confirmation was made at a time when the office of the Chairman of the Economic and Financial Crimes Commission was not vacant as the incumbent Chairman of the Economic and Financial Crimes Commission at that time Mallam Nuhu Ribadu has not been removed from office by the 1st defendant, the President of the Federal Republic of Nigeria, in consonance with Section 3(2) of the Economic and Financial Crimes Commission Act No. 1 of 2004.

3. AN ORDER setting aside the appointment of the 2nd defendant, Chief (Mrs) Farida Waziri as Chairman of the Economic and Financial Crimes Commission by the 1st defendant which was made at a time when the office of the Chairman of the Economic and Financial Crimes Commission was not vacant, as the incumbent Chairman of the Economic and Financial Crimes Commission at that time Mallam Nuhu Ribadu has not been removed from office by the 1st defendant, the President of the Federal Republic of Nigeria, in consonance with Section 3(2) of the Economic and Financial Crimes Commission Act, No.1 of 2004.

4. AN ORDER setting aside the confirmation of the 2nd defendant, Chief (Mrs) Farida Waziri, as Chairman of the Economic and Financial Crimes Commission by the 3rd defendant which was done on Thursday, 5th June, 2008 when the office of the Chairman of the Economic and Financial Crimes Commission was not vacant as the incumbent Chairman of the Economic and Financial Crimes Commission at that time Mallam Nuhu Ribadu has not been removed from office by the 1st defendant, the President of the Federal Republic of Nigeria in consonance with Section 3(2) of the Economic and Financial Crimes Commission Act, No.1 of 2004.

5. PERPETUAL INJUNCTION restraining the 2nd defendant, Chief (Mrs) Farida Waziri from performing the functions and duties of the office of Chairman of the Economic and Financial Crimes Commission pursuant to the Economic and Financial Crimes Commission Act No.1 of 2004.

 

 

DATED this ................... Day of June, 2008

 

 

…....................………………………….

JUDGE

 

This summons was taken out by CHIEF GANI FAWEHINMI, SAN, Legal Practitioner for the above named plaintiff whose address for service is Gani Fawehinmi Chambers of 35, Adeniran Ajao Road, Ajao Estate, Anthony Village, Lagos or C/o Nigerian Law Publications Ltd., Bobsar Building (1st Floor), 1035, Michka Street, Near Assemblies of God Church, Off Ahmadu Bello Way, Area II, Garki, Abuja.

The defendants may appear hereto by entering appearance personally or by a legal practitioner either by handing in the appropriate forms duly completed, at the Federal High Court Registry or by sending them to that office by post.

Note -

If the defendants do not enter appearance within the time and at the place above mentioned, such orders will be made and proceedings may be taken as the Judge may think just and expedient.

 

FOR SERVICE ON THE DEFENDANTS:

1. 1ST DEFENDANT

C/O Attorney-General of the Federation,

Attorney-General’s Chambers,

Federal Ministry of Justice,

Shehu Shagari Way,

Central District,

Abuja

2. 2ND DEFENDANT

C/O Economic and Financial Crimes Commission

Plots 1017 and 1018 Coree Bay Crescent,

Off Adetokunboh Ademola Crescent,

Wuse II, Abuja

3. 3RD DEFENDANT

C/O The Clerk of the National Assembly,

Three Arms Zone,

Asokoro, Abuja

4. 4TH DEFENDANT

C/O Economic and Financial Crimes Commission

Plots 1017 and 1018 Coree Bay Crescent,

Off Adetokunboh Ademola Crescent,

Wuse II, Abuja

5. 5TH DEFENDANT

c/o Attorney-General of the Federation,

Attorney-General’s Chambers,

Federal Ministry of Justice,

Shehu Shagari Way,

Central District,

Abuja

IN THE FEDERAL HIGH COURT

IN THE ABUJA JUDICIAL DIVISION

HOLDEN AT ABUJA

SUIT NO: FHC/ABJ/.......................

BETWEEN:

CHIEF GANI FAWEHINMI Plaintiff

AND

1. PRESIDENT OF THE FEDERAL REPUBLIC OF NIGERIA

2. CHIEF (MRS) FARIDA WAZIRI

3. THE SENATE OF THE NATIONAL ASSEMBLY OF Defendants

THE FEDERAL REPUBLIC OF NIGERIA

4. ECONOMIC AND FINANCIAL CRIMES COMMISSION (EFCC)

5. ATTORNEY-GENERAL OF THE FEDERATION

 

AFFIDAVIT IN SUPPORT OF ORIGINATING SUMMONS

I, Adindu Ugwuzor, Male, Christian, Nigerian Citizen, Legal Practitioner of 35, Adeniran Ajao Road, Ajao Estate, Anthony Village, Lagos do hereby make oath and state as follows:

1. That I am a Legal Practitioner in Gani Fawehinmi Chambers counsel to the plaintiff by virtue of which I am familiar with the facts deposed to in this affidavit.

2. That I have the consent and authority of the plaintiff herein to depose to this affidavit in support of this Originating Summons.

3. That the plaintiff is a legal practitioner, a Senior Advocate of Nigeria (SAN), a tax payer, a registered voter and a former presidential candidate of the National Conscience Party (NCP).

4. That, I am aware that the plaintiff swore on oath on Monday the 10th of September, 2001 while being conferred with the rank of Senior Advocate of Nigeria to support, uphold and defend the Constitution of the Federal Republic of Nigeria and to truly and well serve the interest of the country. Attached and marked Exhibit GFC 1 is the said Oath.

5. That the 1st Defendant is the President of the Federal Republic of Nigeria who has the power to appoint and remove the chairman of the 4th defendant pursuant to the provisions of the Economic and Financial Crimes Commission Act No. 1 of 2004 which repealed the Economic and Financial Crimes Commission Act No. 5 of 2002.

6. That the 2nd Defendant was appointed by the 1st defendant, President of the Federal Republic of Nigeria and confirmed by the 3rd defendant, Senate of the National Assembly on Thursday, 5th June, 2008 as Chairman of the Economic and Financial Crimes Commission.

7. That the 3rd Defendant is the upper legislative arm of the National Assembly of the Federal Republic of Nigeria which has the power to confirm the appointment of the Chairman and Members of the Economic and Financial Crimes Commission pursuant to the provisions of the Economic and Financial Crimes Commission Act No. 1 of 2004 which repealed the Economic and Financial Crimes Commission Act No. 5 of 2002.

8. That the 4th Defendant is a statutory body established by the Economic and Financial Crimes Commission (Establishment) Act No. 1 of 2004 which repealed the Economic and Financial Crimes Commission Act No. 5 of 2002.

9. That the 5th Defendant is the Attorney-General of the Federation and Minister of Justice pursuant to the provisions of the Constitution of the Federal Republic of Nigeria, 1999.

10. That the appointment and confirmation of the Chairman and Members of the Economic and Financial Crimes Commission has been prescribed in an Act of the National Assembly, titled: “Economic and Financial Crimes Commission (Establishment) Act No. 1 of 2004” which repealed the Economic and Financial Crimes Commission Act No. 5 of 2002.

11. That the tenure of office of the Chairman of the Economic and Financial Crimes Commission is four years and may be re-appointed for another term of four years and no more, pursuant to the provision of the Economic and Financial Crimes Commission Act No. 1 of 2004 which repealed the Economic and Financial Crimes Commission Act No. 5 of 2002.

12. That Mallam Nuhu Ribadu was appointed the Chairman of the Economic and Financial Crimes Commission for four years in 2003 and his appointment was confirmed by the Senate of the National Assembly under the appropriate Economic and Financial Crimes Commission Act.

13. That after the expiration of his four (4) year term, Mallam Nuhu Ribadu was re-appointed in April 2007 for another four years by the President of the Federal Republic of Nigeria which is to expire in April 2011 under the appropriate Economic and Financial Crimes Commission Act.

14. That the 1st defendant, President of the Federal Republic of Nigeria did not remove Mallam Nuhu Ribadu, the incumbent Chairman of the Economic and Financial Crimes Commission before he (the President) appointed the 2nd defendant, Chief (Mrs) Farida Waziri, the Chairman of the Economic and Financial Crimes Commission.

15. That in May, 2008, the 1st defendant, President of the Federal Republic of Nigeria appointed the 2nd defendant, Chief (Mrs) Farida Waziri as the Chairman of the Economic and Financial Crimes Commission when the term of the incumbent Chairman at that time, Mallam Nuhu Ribadu has not expired and he has not been removed from Office as required by the Economic and Financial Crimes Commission Act No. 1 of 2004 which repealed the Economic and Financial Crimes Commission Act No. 5 of 2002.

16. That on Monday, 2nd of June 2008,the plaintiff served on the 3rd defendant, Senate of the National Assembly of the Federal Republic of Nigeria through the office of the President of the Senate an Open Letter against the appointment and Senate confirmation proceedings of the 2nd defendant, Chief (Mrs) Farida Waziri for violation of the Economic and Financial Crimes Commission Act No. 1 of 2004 which repealed the Economic and Financial Crimes Commission Act No. 5 of 2002. The Acknowledged copy of the said Open Letter is attached herewith and marked Exhibit GFC 2.

17. That on Thursday, 5th June, 2008, the 3rd defendant, Senate of the National Assembly of the Federal Republic of Nigeria confirmed the appointment of the 2nd defendant Chief (Mrs) Farida Waziri as the Chairman of the Economic and Financial Crimes Commission.

18. That I sincerely believe the 1st defendant, President of the Federal Republic of Nigeria owes a duty to the Federal Republic of Nigeria to act according to the Constitution and the appropriate laws (including the Economic and Financial Crimes Commission Act 2004) in accordance with the oath he took on 29th May, 2007 under the Seventh Schedule of the Constitution of the Federal Republic of Nigeria, 1999.

19. That the 1st defendant, President of the Federal Republic of Nigeria has a statutory duty to perform under the Economic and Financial Crimes Commission Act with regards to appointment and removal of the Chairman of Economic and Financial Crimes Commission.

20. That the 1st defendant, President of the Federal Republic of Nigeria failed to perform his statutory duty with regards to the removal of the then incumbent Chairman of the Economic and Financial Crimes Commission (Mallam Nuhu Ribadu) before appointing the 2nd defendant, Chief (Mrs) Farida Waziri.

21. That I depose to this affidavit in support of the Originating Summons in good faith.

 

 

……….........…………………………

DEPONENT

Sworn to at the Federal High Court Registry, Abuja

This .............. day of June, 2008

 

BEFORE ME

 

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