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Law Student Asks Court To Stop Buhari, Others’ Salaries Over ASUU Strike
A final year law student of Benue State University, Soohemba Agatha Aker, has dragged President Muhammadu Buhari, the 36 state governors, and others before a Federal High Court in Abuja over alleged poor handling of the dispute between the Federal Government and the Academic Staff Union of Universities (ASUU).
The plaintiff is asking the court to stop the salaries and allowances of Buhari, the governors, and all political office holders in the country until the final resolution and end of the strike.
The applicant is also seeking similar order against the chief of staff to the president, secretary to the government, all the senators and the members of the House of Representatives, all the ministers, permanent secretaries, heads of parastatals, and extra ministerial bodies of the Federal Republic of Nigeria, all the vice chancellors and the members of Senate of striking universities, as well as the salaries and allowances of striking universities and all the members of the Academic Staff Union of Universities (ASUU).
In the fundamental right enforcement suit marked FHC/ABJ/CS/1684/2022, the applicant who said she is currently affected by the ongoing strike filed the action for herself on behalf of all students of public tertiary institutions currently affected by the nationwide ASUU strike.
In the suit filed by her counsel, Chukwuma-Machukwu Ume, SAN, the applicant listed the respondents to include the Federal Government of Nigeria, Registered Trustees of the Academic Staff Union of Universities, President of the Senate, Speaker of the House of Representatives, and the Governor of Abia State (also sued in his official capacity and in a representative capacity for all the other governors of the 36 states of the federation).
The rest are Revenue Mobilisation Allocation and Fiscal Commission (RMAFC); Federation of Account Allocation Committee (FAAC); Attorney General of the Federation and Minister of Justice (AGF); the Attorney General of Abia State (also sued in a representative capacity for all the other Hon Attorney-Generals of the 35 States of the Federation); the Vice-Chancellor (VC) of the University of Abuja (also sued in a representative capacity for all the other Vice Chancellors and the Members of the Senate of both Federal and State Universities currently participating in the ongoing ASUU Strike) and Umar Farouk (President, National Association of Nigerian Students, NANS).
The suit was filed pursuant to sections 46(1), (2) and (3) of the 1999 Constitution and Article 17(1) of the African Charter on Human and Peoples’ Rights (Ratification and Enforcement) Act Chapter A9 (Charter 10 LFN 1990) No. 2 of 1983.
The applicant is equally seeking an order of mandamus compelling the defendants, including members of the Senate of the striking universities, to return to the first respondent their monthly salaries, allowances, and other benefits received individually or collectively from the day the industrial action of the second respondent commenced till date, pending the hearing and determination of the originating motion.
She further asked for an order of interlocutory injunction suspending the activities of 6th and 7th Respondents (RMAFC and FAAC), including payment of the monthly allocation funds to the 3rd, 4th, 5th, 8th, 9th & 10th Respondents pending the hearing and determination of the applicant’s suit.
In a supporting affidavit, she deposed to the fact that the ASUU strike has and continues to affect her adversely as her plans of graduating this academic year 2022 and applying for admission into the Nigerian Law School have been thwarted; that her tuition fees paid for this academic year will go in vain as the academic year is almost lost if nothing is done.
She stated further that her dreams of becoming a law graduate and a future lawyer are on the verge of collapsing, as her sponsor had made it clear that this year was the last year to sponsor her in school; that her mates, who are children of top politicians, are currently taking their studies uninterrupted in private universities in the country or abroad; that some of her mates have gotten pregnant due to boredom and idleness; that she is going through severe mental stress and trauma each passing day as the strike prolongs with no concrete action taken by the stakeholders concerned towards ending it.
She, therefore, asked the court to declare that refusal, failure, or neglect of the 1st, 2nd, 3rd, 4th, 5th, 10th, and 11th Respondents to put an end to the lingering industrial action (strike) of the members of the second respondent is wrongful, gross failure of duty to the future of Nigeria, an act of negligence to their constitutional responsibilities and amounts to a gross violation of the Applicants’ constitutional rights to a meaningful life, association, education, and developed capacity to own functional intellectual cum physical property.
A declaration that refusal, failure, or neglect of the 1st, 2nd, 3rd, 4th, 5th, 10th, and 11th Respondents to put an end to the lingering industrial action (strike) of the members of the 2nd Respondent union (most of whose children are abroad attending the best universities) is a function of the act of discrimination in the affording of educational opportunities to their children abroad and the neglected Applicant and teeming types all over the country.
An order compelling the 1st, 2nd, 3rd, 4th, 5th, 10th and 11th Respondents to immediately and forthwith inaugurate a Save the Future Think-Tank Committee of all parties herein or their representatives and other key stakeholders from all tiers of government and segments of the Nigerian societies as to map out immediate steps as to end the ongoing strike by 2nd Respondent and ensure uninterrupted academic calendar in all Nigerian tertiary institutions even in times of any of the industrial disputes in the sector.
Meanwhile, no date has yet been fixed for the hearing of the suit.
Rivers State Governor, Sir Siminalayi Fubara, has said that peace has prevailed because he draws strength from God to resist insults and tantrums thrown at him while frustrating attempts by some disgruntled persons who wanted to plunge the State into unending crisis.
The Governor also said that because he has anchored his Government on promoting peace, the enabling atmosphere has been provided for investments and sustainable development to flourish.
Governor Fubara made the assertion when he received a delegation of members of the Bishops and Gospel Ministers’ Association International Incorporated, Rivers State Chapter, at Government House in Port Harcourt, yesterday.
Represented by the Head of Rivers State Civil Service, Dr George Nwaeke, Governor Fubara said while most people took his meekness for weakness, his stance on peace has unarguably enhanced harmonious atmosphere of concord as residents sleep with their two eyes closed, and investors and shareholders are happy with the returns on investment.
He said, “Before, what they hear of Rivers State is that they are fighting, and some genuine investors will not come. Some people even ask you: How are you coping in Rivers State?
“But now”, he asserted: “The Governor has brought about a lot of changes in the State. One of the most important things is that he has changed the negative narrative. It is no longer Rivers of blood. It is now Rivers of peace.
“We are enjoying our lives here. Why? Because there is a change in the narrative. We have peace. The Governor is, as much as possible, absorbing any level of insult at him only for one purpose: that Rivers State may have peace; that we may grow; that this state will experience genuine development.”
Governor Fubara urged them, as members of the Christian family in the State, to continue to pray for the State and the Government so that the enemies of the State will be put to greater shame.
“This peace is what I want you to embrace. Go and continue to pray, because when the sower of the seed went and sowed, the enemy went in the night and sowed tares inside there. But the Governor is sowing peace.
“When I listened to the leader of the team, His Grace Eddy Ogbonda, he said you came all the way from Eleme Junction, and stopped at major junctions, and you uttered prayers for the peace of Rivers State.”
He also said: “I, hereby want to thank you for identifying with the Governor at a time like this. At a time when it looks as if someone wants the Governor’s peace posture misunderstood as weakness.
“When someone has the strength to fight back, but refuses to fight back. That is a bigger strength; that power of restrain does not just come, it can only come from God.
“You cannot give peace, if you do not have peace within you. The Governor is not interested in any form of trouble or violence. What he is interested in is known, and it is: let there be peace in Rivers State,” he said.
In his address, leader of the group, Archbishop Eddy Ogbonda, said they had observed a week-long intensive prayers that culminated into a peace rally, which brought them to Government House, and assured the Governor that God will continue to give him victory over his adversaries while preserving Rivers State.
“It is Rivers State Prophetic Prayer Convocation and Rally 2024 with the theme: ‘Peace be still’. Of a truth, everyone of us understands that we live in a time when we need peace much more than any other thing.
“Rivers State needs peace. Everyone as individuals need peace. The country needs peace, and the world at large needs peace. So, we are here to do a peace march. We pray that God will command His peace to reign in Rivers State,” he said.
The Economic and Financial Crimes Commission (EFCC) has stated that hotels, schools, and other establishments that accept payments in dollars from their customers are at risk of facing arrest.
The Chairman of EFCC, Ola Olukoyede, said this in the agency’s publication called EFCC Alert on Monday, adding that action would be taken against individuals involved in the dollarisation of the economy.
According to him, the exception is if foreigners come in to transact business and the only means of transacting is their credit card and dollar but to charge local customers in dollars or other foreign currencies would no longer be allowed.
He said charging local activities and customers in dollars is against Nigeria’s constitution.
The EFCC chairman said, “Schools that charge Nigerians in dollar, supermarkets that trade in dollar, estate developers that sell their property in dollar, hotels that are invoicing in dollar, we are coming after you and we have made arrests in that area.
“Yes, if foreigners are coming in and the only means of transacting is their credit card, and dollar, why not? You will get that.
“But document it properly as against selling things within the system, local economy and you will be using dollar as the medium of exchange, it is illegal.
“Our law does not allow for that. And we have also affected some arrests.”
Rivers State Governor, Sir Siminalayi Fubara, has enjoined Muslim faithful to remain steadfast to the lessons learnt during the holy month of Ramadan.
Governor Fubara stated this in his message of felicitations to Muslims as they celebrate the 2024 Eid-el-Fitr Sallah, which marks the end of the one-month Ramadan fasting.
The Governor emphasised the importance for Muslims to also uphold the tenets of Islam by exhibiting the fear of God and showing piety in their daily work.
Governor Fubara said, “We must all continue in the good attributes imbibed during the holy month of Ramadan as directed by God through His Prophet, so as to ensure peace, unity and harmony in the society for a better future.”
While praying that the essence of the festival offers them happiness, peace and prosperity in all aspects of life, Governor Fubara said he recognises and appreciates the critical role that the Muslim community continues to play in the development of Rivers State, and indeed, Nigeria at large.
Governor Fubara charged them to remain unwavering and steadfast in their commitment and positive contributions to advance the development of the State and the country.
“I enjoin you all in the State to remain calm, be patient and continue to do what is right,” the Governor added.
He wished the Muslim faithful in the State and across the country a happy Eid-el-Fitr celebration.
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