Timi Olagunju v. Nigerian President & 6 Ors
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IN THE FEDERAL HIGH COURT OF NIGERIA
IN THE IKEJA-LAGOS JUDICIAL DIVISION
HOLDEN AT LAGOS
SUIT NO: …………………………………
BETWEEN
TIMI OLAGUNJU, ESQ. {………….PLAINTIFF
AND
1. THE PRESIDENT, FEDERAL REPUBLIC OF NIGERIA
2. ATTORNEY-GENERAL OF THE FEDERATION
3. FEDERAL MINISTRY OF COMMUNICATION TECHNOLOGY
4. FEDERAL MINISTRY OF YOUTH DEVELOPMENT {……. DEFENDANTS
5. FEDERAL MINISTRY OF FINANCE
6. FEDERAL MINISTRY OF INFORMATION
7. NATIONAL YOUTH COUNCIL OF NIGERIA
ORIGINATING SUMMONS
BROUGHT PURSUANT TO ORDER 3 RULES 6, 7, & 9 (1) &(2)OF THE FEDERAL
HIGH COURT (CIVIL PROCEDURE) RULES 2009; SECTIONS 1(1) &42 OF THE
CONSTITUTION OF THE FEDERAL REPUBLIC OF NIGERIA, 1999 (AS
AMENDED);ARTICLE 29 (4) of THE AFRICAN CHARTER ON HUMAN AND
PEOPLE’S RIGHTS (RATIFICATION AND ENFORCEMENT) ACT 1983 AND UNDER
THE INHERENT POWERS OF THIS HONOURABLE COURT AS PRESERVED BY
SECTION 6(6)(A) OF THE CONSTITUTION OF THE FEDERAL REPUBLIC OF
NIGERIA 1999 (AS AMENDED).
LET THE 1st DEFENDANTS of the Presidency, Aso Rock Villa, Three Arms Zone, Federal
Capital Territory (FCT), Abuja; the 2nd DEFENDANT of the Federal Ministry of Justice, Shehu
Shagari Way, Central Area, Abuja; the 3rd DEFENDANT of the Federal Communication
Technology, Federal Secretariat Complex, 3rd Floor, B Wing - Phase I, Annex II Shehu Shagari
Way, Abuja ; the 4thDEFENDANT of the Federal Ministry of Youth Development, New Federal
Secretariat Complex, Maitama, Sule, Garki, Abuja; the 5th DEFENDANT of the Federal Ministry
of Finance (Opposite Central Bank), P.M.B. 14, Garki, Abuja; the 6th DEFENDANT of Federal
Ministry of Information, Federal Secretariat, 2nd & 3rd Floors, Shehu Shagari Way, Abuja; the
7th DEFENDANT of the National Youth Council of Nigeria, 4 Ikot Ekpene Close, off Emeka
Anyaokwu street, Area 11 Garki, Abuja in the Abuja Judicial Division within thirty days after
service of this summons, cause an appearance to be entered for them to this summons which is
issued upon the application of the plaintiff, Timi Olagunju, Esq. of 23A, Mike Ichie Ejezie street,
Lekki Phase 1, Lagos who claims:
1. A DECLARATION that by virtue of Section 42 of the Constitution of the
Federal Republic of Nigeria, 1999 (as amended), neither the 1st Defendant nor
the 3rd, 4th, 5th, 6thDefendants can validly convert the You WIN programme
(Youth Enterprise with Innovation in Nigeria) for Nigerian youths into a You
WIN programme (Youth Enterprise with Innovation in Nigeria) exclusively
for women (45 years and below)to the exclusion of all the men.
2. A DECLARATION that the absolute conversion of the You WIN
programme (Youth Enterprise with Innovation in Nigeria) originally for
Nigerian youths (irrespective of gender) into a You WIN programme (Youth
Enterprise with Innovation in Nigeria)absolutely gender based is an
infringement of Section 1(1) of the Constitution of the Federal Republic of
Nigeria 1999 (as amended) and an absolute abuse of power.
3. AN ORDER OF INJUNCTION restraining the 1st, 3rd, 4th, 5th, 6th Defendants
from continued violation of Section 42 of the Constitution of the Federal
Republic of Nigeria 1999 (as amended) in the conduct of the You WIN
programme.
4. AN ORDER mandating the 1st Defendant and/or the 3rd, 4th, 5th, 6thDefendants
to comply with Section 42 of the Constitution of the Federal Republic of
Nigeria, 1999 (as amended) and revert to the original objective of the You
WIN programme (Youth Enterprise with Innovation in Nigeria)for all
Nigerian youths within an age provided for by the Defendants irrespective of
gender, for the determination of the following questions:
1. Whether the 2012 You WIN Programme (Youth Enterprise with Innovation in
Nigeria) for only Women launched by the President of the Federal Republic of
Nigeria on www.youwin.org.ng violates the provision of Section 42 of the OF
THE CONSTITUTION OF THE FEDERAL REPUBLIC OF NIGERIA, 1999
(AS AMENDED), an unfair advantage or privilege onone gender over another
and contradicts the clear objectives of the You WIN programme?
2. Whether the act of the President of the Federal Republic of Nigeria and/or the
3rdto 6th defendants in converting the You WIN National programme for youth
into a programme for only Women constitutes public indiscretion and an
abuse of power contrary to the provisions of Section 1(1) of the OF THE
CONSTITUTION OF THE FEDERAL REPUBLIC OF NIGERIA, 1999 (AS
AMENDED).
Dated this ………………… day of ……………………………….. 2012
_______________________
THE REGISTRAR
TIMI OLAGUNJU, ESQ
Counsel to the Plaintiff
Sync Legal,
c/o Bamidele Popoola Esq,
23A, Mike Ichie Ejezie street,
Lekki Phase 1, Lagos.
Tel: 08169011777, 08023797163.
timiolagunju@sync-legal.com, timi4nigeria_esq@ymail.com
This summons was taken out by Timi Olagunju, Esq of Sync Legal of 23A, Mike Ichie Ejezie
street, Lekki Phase 1, Lagos, Legal Practitioners for the above-named Timi Olagunju as Plaintiff.
The defendant may appear hereto by entering personally or by a Legal Practitioner either by
filing the appropriate processes (as in Order 7) in response at the Registry of the Court where the
summons was issued or by sending them to that office by any of the methods allowed by these
Rules. Note: If the Defendants does not respond within the time at the place above-mentioned,
such orders will be made and proceedings may be taken as the Judge may think just and
expedient.
ADDRESS FOR SERVICE:
1. PRESIDENT OF THE FEDERAL REPUBLIC OF NIGERIA,
Aso Rock Villa, Three Arms Zone,
FCT, Abuja.
2. FEDERAL MINISTRY OF JUSTICE,
Shehu Shagari Way,
Central Area, Abuja.
3. FEDERAL MINISTRY OF COMMUNICATION TECHNOLOGY,
Federal Secretariat Complex
3rd Floor, B Wing - Phase I, Annex II
Shehu Shagari Way
4. FEDERAL MINISTRY OF YOUTH DEVELOPMENT,
New Federal Secretariat Complex, Maitama,
Sule, Garki, Abuja
Tel: 09-5235902-7
5. FEDERAL MINISTRY OF FINANCE
(Opposite Central Bank)
P.M.B. 14, Garki, Abuja
Tel: 09-2340946; 2340324; 2343783; 2343784
2343786; Fax: 09-2340512
6. FEDERAL MINISTRY OF INFORMATION
Federal Secretariat, 2nd & 3rd Floors
Abuja Tel: 09-5237183
7. NATIONAL YOUTH COUNCIL OF NIGERIA,
4,Ikot Ekpene Close,
Off Emeka Anyaokwu Street,
Area 11 Garki,
Abuja.
IN THE FEDERAL HIGH COURT OF NIGERIA
IN THE IKEJA-LAGOS JUDICIAL DIVISION
HOLDEN AT LAGOS
SUIT NO: …………………………………
BETWEEN
TIMI OLAGUNJU, ESQ. {…………….PLAINTIFF
AND
1. THE PRESIDENT, FEDERAL REPUBLIC OF NIGERIA
2. ATTORNEY-GENERAL OF THE FEDERATION
3. FEDERAL MINISTRY OF COMMUNICATION TECHNOLOGY
4. FEDERAL MINISTRY OF YOUTH DEVELOPMENT {……. DEFENDANTS
5. FEDERAL MINISTRY OF FINANCE
6. FEDERAL MINISTRY OF INFORMATION
7. NATIONAL YOUTH COUNCIL OF NIGERIA
AFFIDAVIT IN SUPPORT OF THE ORIGINATING SUMMONS
I, TIMI OLAGUNJU, ESQ. Christian, Nigerian citizen, Legal Practitioner, of Sync Legal, 23A,
Mike Ichie Ejezie street, Lekki Phase 1, Lagos hereby make oath and aver as follows:
1. That I am the plaintiff in the matter and a legal practitioner and a citizen of Nigeria.
2. That as a legal practitioner I am under oath to uphold the Constitution of the Federal
Republic of Nigeria and the rule of law.
3. That I know as a fact that the You WIN(Youth Enterprise with Innovation in Nigeria)
programme is a Federal Government initiative and a National programme with its website
address as www.youwin.org.com.
4. That I know as a fact that You WIN(Youth Enterprise with Innovation in Nigeria)
programme was launched by the President on Tuesday, 11th October, 2011 with the main
objective of attracting ideas and innovations from young entrepreneurial aspirants from
Universities, Polytechnics, Technical colleges, and other post-Secondary institutions in
Nigeria irrespective of gender (Attached and marked is the text of the objectives of the
said You WIN programme as ‘EXHIBIT You WIN 1’ as published by the You WIN
website on www.youwin.org.ng as at Wednesday, 12th day of September, 2012).
5. That I know as a fact that it has been widely reported in the media that in 2011, the 1st
defendant launched the You WIN originally for all Nigerian youths irrespective of sex
(Attached and marked is the text of the President’s speech on the launching of You WIN
in 2011 as ‘EXHIBIT You WIN 2 as published by an online newspaper
‘www.nigeriafirst.org/article_11501.shtml’ dated, 11 October, 2011).
6. That I know as a fact that the 3rd, 4th, 5th, 6th defendants are the Ministries of the Federal
Government in charge of the (You WIN) Youth Enterprise with Innovation in Nigeria
programme in 2011 and 2012.
7. That the 2nd Defendant is the Chief Law Officer of the Federal Republic of Nigeria
responsible for advising the Government of the Federation including all its agencies on
all legal issues.
8. That I know that as a fact the 1st to the 7th defendants are bound by law and social justice
to ensure that Nigerians; including Nigerian youths, benefits from their administrative
and executive actions, policies and programmes without discrimination; be it on grounds
of gender.
9. That I know as a fact that the defendants can only act or initiate a National action,
programme and policy in line with the Constitution of the Federal Republic of Nigeria.
10. That I know as a fact that the defendants on Monday 3rd, September, 2012 re-named and
re-launched the You WIN programme into an entirely female programme named ‘You
WIN! Women” to the exclusion of all eligible males.
11. That I know as a fact that that 2012 You WIN! Women is discriminatory and contradicts
the entire objectives of programme till this date.
12. That I know as a fact that this is contrary to the provision of the Constitution of the
Federal Republic of Nigeria.
13. That as a Nigerian, a youth and a legal practitioner I have an interest and a right to be
governed in accordance with the Constitution and the rule of law without any
discrimination on gender grounds.
14. That I know as a fact that the Constitution of the Federal Republic of Nigeria 1999 is
supreme over and above any person or interest.
15. That it is in the interest of justice, constitutional and democratic development of Nigeria
to grant the prayers contained in this originating Summons.
16. That I depose to this affidavit in good faith conscientiously believing the same to be true,
and by virtue of the provision of the Oaths Act, 2004.
………………………………………..………
DEPONENT
SWORN TO AT THE FEDERAL HIGH COURT REGISTRY, IKEJA, LAGOS
THIS …………………..................... DAY OF ……………………………….. 2012
BEFORE ME
COMMISSIONER FOR OATH
ADDRESS FOR SERVICE:
1. PRESIDENT OF THE FEDERAL REPUBLIC OF NIGERIA,
Aso Rock Villa, Three Arms Zone,
FCT, Abuja.
2. FEDERAL MINISTRY OF JUSTICE,
Shehu Shagari Way,
Central Area, Abuja.
3. FEDERAL MINISTRY OF COMMUNICATION TECHNOLOGY,
Federal Secretariat Complex
3rd Floor, B Wing - Phase I, Annex II
Shehu Shagari Way
4. FEDERAL MINISTRY OF YOUTH DEVELOPMENT,
New Federal Secretariat Complex, Maitama,
Sule, Garki, Abuja
Tel: 09-5235902-7
5. FEDERAL MINISTRY OF FINANCE
(Opposite Central Bank)
P.M.B. 14, Garki, Abuja
Tel: 09-2340946; 2340324; 2343783; 2343784
2343786; Fax: 09-2340512
6. FEDERAL MINISTRY OF INFORMATION
Federal Secretariat, 2nd & 3rd Floors
Abuja Tel: 09-5237183
7. NATIONAL YOUTH COUNCIL OF NIGERIA,
4,Ikot Ekpene Close,
Off Emeka Anyaokwu Street,
Area 11 Garki,
Abuja.
IN THE FEDERAL HIGH COURT OF NIGERIA
IN THE IKEJA-LAGOS JUDICIAL DIVISION
HOLDEN AT LAGOS
SUIT NO: …………………………………
BETWEEN
TIMI OLAGUNJU, ESQ. {…………….PLAINTIFF
AND
1. THE PRESIDENT, FEDERAL REPUBLIC OF NIGERIA
2. ATTORNEY-GENERAL OF THE FEDERATION
3. FEDERAL MINISTRY OF COMMUNICATION TECHNOLOGY
4. FEDERAL MINISTRY OF YOUTH DEVELOPMENT {……. DEFENDANTS
5. FEDERAL MINISTRY OF FINANCE
6. FEDERAL MINISTRY OF INFORMATION
7. NATIONAL YOUTH COUNCIL OF NIGERIA
PLAINTIFF’S WRITTEN ADDRESS
1.0. INTRODUCTION
1.1. This is an address in support of the Plaintiff’s Originating Summons against the
Defendants dated 13th day of September, 2012. The Originating Summons is supported by a
Sixteen (16) paragraph affidavit deposed to by Timi Olagunju, Esq, the plaintiff.
1.2. Attached to the Originating Summons are two (2) Exhibits marked You WIN 1 and You
WIN 2, which includes; a copy of the objectives of the said You WIN programme as ‘EXHIBIT
You WIN 1’ as published by the You WIN website on www.youwin.org.ng as at Wednesday,
12th day of September, 2012; text of the President’s speech on the launching of You WIN in 2011
as ‘EXHIBIT You WIN 2 as published by an online newspaper
‘http://www.nigeriafirst.org/article_11501.shtml’ dated, 11 October, 2011.
1.3. In the Originating Summons, the Plaintiff submits for the determination of this
Honourable Court two (2) questions as follows:
1. Whether the 2012 You WIN Programme (Youth Enterprise with Innovation in
Nigeria) for only Women launched by the President of the Federal Republic of
Nigeria on www.youwin.org.ng violates the provision of Section 42 of the OF
THE CONSTITUTION OF THE FEDERAL REPUBLIC OF NIGERIA, 1999
(AS AMENDED), an unfair advantage or privilege on one gender over
another and contradicts the clear objectives of the You WIN programme?
2. Whether the act of the President of the Federal Republic of Nigeria and/or the
3rdto 6th defendants in converting the You WIN National programme for youth
into a programme for only Women constitutes public indiscretion and an
abuse of power contrary to the provisions of Section 1(1) of the OF THE
CONSTITUTION OF THE FEDERAL REPUBLIC OF NIGERIA, 1999 (AS
AMENDED)?
1.4. The Plaintiff, in the said Originating Summons, also claims the following reliefs
against the Defendants:
1.4.1 A DECLARATION that by virtue of Section 42 of the Constitution of
the Federal Republic of Nigeria, 1999 (as amended), neither the 1st
Defendant nor the 3rd, 4th, 5th, 6thDefendants can validly convert the
You WIN programme (Youth Enterprise with Innovation in Nigeria)
for Nigerian youths into a You WIN programme (Youth Enterprise
with Innovation in Nigeria) exclusively for women (45 years and
below) to the exclusion of all the men.
1.4.2 A DECLARATION that the absolute conversion of the You WIN
programme (Youth Enterprise with Innovation in Nigeria) originally
for Nigerian youths (irrespective of gender) into a You WIN
programme (Youth Enterprise with Innovation in Nigeria) absolutely
gender based is an infringement of Section 1(1) of the Constitution of
the Federal Republic of Nigeria 1999 (as amended) and an absolute
abuse of power.
1.4.3 AN ORDER OF INJUNCTION restraining the 1st, 3rd, 4th, 5th, 6th
Defendants from continued violation of Section 42 of the Constitution
of the Federal Republic of Nigeria 1999 (as amended) in the conduct
of the You WIN programme.
1.4.4 AN ORDER mandating the 1st Defendant and/or the 3rd, 4th, 5th,
6thDefendants to comply with Section 42 of the Constitution of the
Federal Republic of Nigeria, 1999 (as amended) and revert to the
original objective of the You WIN programme (Youth Enterprise with
Innovation in Nigeria)for all Nigerian youths within an age provided
for by the Defendants irrespective of gender.
2.0. FACTS OF THIS CASE
2.1. The facts of this case are as contained in the Plaintiff’s affidavit. Nevertheless, for ease
of appreciation, the summary of the facts of this case are as follows.
2.2. In the 2011 the Youth Enterprise with Innovation in Nigeria (You WIN) programme was
launched by the President on Tuesday, 11th October, 2011 on www.youwin.org.ng with the main
objective of attracting ideas and innovations from young entrepreneurial aspirants from
Universities, Polytechnics, Technical colleges, and other post-Secondary institutions in Nigeria
irrespective of gender. The first edition was held in 2011 in which Nigerian youths of 35 years
old and below applied and 1200 were declared winners.
2.3. The President of the Federal Republic of Nigeria either directly and through the relevant
Ministries of the Government of the Federation, in this case the 3rd to 6th Defendant defied,
neglected and jettisoned the original objectives of the You WIN and the Nigerian constitution
they swore to uphold by restricting You WIN along gender lines; renamed ‘You WIN
Women’.In 2012, the programme changed from an all youth affair to an all-female affair.
2.4. Aggrieved by the total neglect of the 1999 Nigerian Constitution and the discrimination as
to who applies for the You WIN programme on gender lines by the Executive headed by the
President, Federal Republic of Nigeria and by the 3rd to 6th defendants as well as the overt silence
of the youth body; the National Youth Council of Nigeria, the 7th Defendant, the Plaintiff has
therefore approached this Honourable Court for a determination of the questions contained in the
Originating Summons for the purpose of the above referred reliefs.
3.0 ARGUMENT ON ISSUES
3.1. The Plaintiff hereby submits the following sole issue for the determination of this
Honourable Court:
“In view of the mandatory effects of the combined provisions of sections 1 (1), 42 of the
Constitution of the Federal Republic of Nigeria, 1999 (as amended), whether the 1st, 3rd, 4th, 5th,
6thDefendant’s administrative and executive action and policy of converting the You WIN for
youths’ programme into the You WIN for only Women programme is not illegal,
unconstitutional and null and void and whether the Plaintiff is consequently entitled to all the
reliefs contained in its Originating Summons”.
3.2 ARGUMENT ON 1ST QUESTION
3.2.1 By the first question in the Plaintiff’s Originating Summons, this
Honourable Court is being urged to determine whether the 2012 You WIN
Programme (Youth Enterprise with Innovation in Nigeria) for only Women
launched by the President of the Federal Republic of Nigeria on
www.youwin.org.ng violates the provision of Section 42 of the OF THE
CONSTITUTION OF THE FEDERAL REPUBLIC OF NIGERIA, 1999 (AS
AMENDED), an unfair advantage or privilege on one gender over another and
contradicts the clear objectives of the You WIN programme?
3.2.2 My Lord, the relevant law governing the guidance of administrative and executive
policies, actions and programmes of the Federal Government in circumstances of this nature, is
contained in Sections 42 of the Constitution of the Federal Republic of Nigeria, 1999 (as
amended).
The said sections provide as follows:
42 (1) A citizen of Nigeria of a particular community, ethnic group,
place of origin, sex, religion or political opinion SHALL not, by reason only
that he is such a person:-
(a) be subjected either expressly by, or in the practical application of, any law
in force in Nigeria or any executive or administrative action of the
government, to disabilities or restrictions to which citizens of Nigeria of
other communities, ethnic groups, places of origin, sex, religions or political
opinions are not made subject; or
(b) be accorded either expressly by, or in the practical application of, any law
in force in Nigeria or any such executive or administrative action, any
privilege or advantage that is not accorded to citizens of Nigeria of other
communities, ethnic groups, places of origin, sex, religions or political
opinions.
3.2.3 The above provisions show convincingly that in no way does the constitution approve of or
accommodate the gender restriction as created by the 1st, 3rd, 4th, 5th, 6thdefendants in the 2012
You WIN programme. This is because the programme subjects the men to restrictions that the
women are not subjected to; absolute restriction to the men from participation because of their
sex. Furthermore, the programme as an administrative and executive decision of the 1st, 3rd, 4th,
5th, 6thDefendants accords privileges and advantages to the female gender with the express
exclusion of the male gender. This administrative action clearly contradicts the above provision
of the Constitution.
3.2.4. My Lord, we submit that what is clear from the foregoing provisions is that any
executive or administrative action of the government SHALL observe and follow the
following constitutional guideline: ‘that a citizen of Nigeria of a particular sex SHALL NOT by
reason that he is such a sex be subjected to restrictions to which citizens of Nigeria of other
sex are NOT subject to’. Therefore, any administrative or executive action, policy or programme
that fails to observe the above constitutional guideline does great harm and violence to the spirit
and letters of the Constitution which is the fons et origo of our democracy.
3.2.5 In view of the common person’s perspective, if the 2012 You WIN programme was re-
named “2012 You WIN for Men” (to the exclusion of eligible women), would such not have
raised serious gender intentions of discrimination against women on the part of the Federal
Government? Then, it should NOT be otherwise when eligible Nigerian men are faced with such
clear discrimination on gender grounds because reciprocity is reciprocal.
3.2.6 In EXHIBIT You WIN 2, a text of the President’s 2011 You WIN speech paragraph 15
states: ‘In line with renewed commitment to regular performance evaluation and measurement,
this administration will monitor the programme closely over the next three years of its
implementation to ensure that it remains responsive to the NEEDS of young Nigerian MEN and
WOMEN’.
3.2.7 It is important to bring to the judicial mind of the court the fact that in Section 42 (1) (a)
& (b) of the Constitution as reproduced above, the drafters of the Constitution use the word
“shall”. The word “shall”, when used in a Constitutional provision, conveys a command and
compulsion. Where the word “shall” has been used, the courts have interpreted the word in the
context of command and authority bereft of discretion. See BUHARI v. INEC (2008) 12 S.C.
(PT. 1) 1 @ 88 Paragraphs 25-35.
3.2.8 In the case of BAMAIYI v. AG FEDERATION [2001] 12 NWLR (PT.727) 468 @ 497,
paragraphs F-G, the Supreme Court stated thus:
“… the word “shall” in the ordinary meaning of the word, connotes a command, and that which
must be given a compulsory meaning. It has a peremptory meaning which is generally
imperative and mandatory. It has the significance of excluding the idea of discretion to impose a
duty. Where a provision provides that a thing shall be done, the natural meaning is that a
peremptory mandate is enjoined.”
3.2.9. In the instant case, it is the case of the Claimant that whereas the defendants have the
power to institute and initiate a National programme, policy of any nature, it must do so with
regards to the express provisions of the ‘grund norm’, the 1999 Constitution of the Federal
Republic of Nigeria.
3.2.10. On the authority of the mandatory provisions of the Sections 42 of the Constitution as
reproduced above and the above-cited cases, we submit that the 1st Defendant, the President of
the Federal Republic of Nigeria and the 3nd to the 6th defendants or any other person acting on
their instructions cannot lawfully institute, launch or continue National You WIN programme for
only women whilst excluding the men from participating. We urge the court to so hold.
3.3 ARGUMENT ON SECOND QUESTION
3.3.1. My Lord, the Plaintiff also prays this Honourable Court to determine
Whether the act of the President of the Federal Republic of Nigeria and/or the
3rdto 6th defendants in converting the You WIN National programme for youth
into a programme for only Women constitutes public indiscretion and an
abuse of power contrary to the provisions of Section 1(1) of the OF THE
CONSTITUTION OF THE FEDERAL REPUBLIC OF NIGERIA, 1999 (AS
AMENDED).
3.3.2 We argue further that the constitution is sacred and preserves the fundamental principles
of our corporate existence. Needless to argue that it is the Constitution that donates powers to the
different arms of government, creates rights and limitations thereto and all discretions are subject
to its leadings. No action can therefore be initiated by any arm of government otherwise than as
provided in the Constitution. Where any purported act is exercised in disregard of the provisions
of the Constitution by any arm of government, there is a duty on the court to strike down such
purported exercise of power and declare same null and void.
3.3.3 The Supreme Court had opportunity to pronounce on the supremacy of the Constitution
when in BALONWU VS. GOVERNOR ANAMBRA STATE (2009) 12 S.C.(PT.1) 31 @ 56
MOHAMMED JSC it held inter alia;
“It has been said time without number in many decisions of this court that the Constitution is an
organic instrument which confers powers and also creates rights and limitations. It is the
supreme law in which certain principles of fundamental nature are established. Thus, once the
powers, the rights and limitations under the Constitution are identified as having been created,
their existence cannot be disputed in a court of law.”
3.3.4 Similarly, the apex court seized the opportunity presented by the case of ATTORNEY-
GENERAL OF ABIA STATE VS. ATTORNEY-GENERAL OF THE FEDERATION (2002) 6
NWLR (PT. 764) 264 @ 479 PARAGRAPHS D – F when the very learned KALGO JSC held
thus;
“The supremacy of the Constitution has made it abundantly clear and in no uncertain terms that
the provisions of the Constitution are superior ... and are binding and must be observed and
respected by all persons and authorities in Nigeria.”
3.3.5 Therefore, in view of the authorities referred to in paragraph 3.3.3 and 3.3.4 and Section
1(1) of the Nigerian Constitution, it is humbly submitted that the 1st, 3rd, 4th, 5th, 6th Defendants
CANNOT BY DISCRETION initiate, launch or continue with the new policy on the You WIN
programme except in absolute fairness to gender equality and their actions must be clearly
guided by section 42 of the 1999Nigerian Constitution (as amended). Any act of discretion
otherwise will be unconstitutional and against the social and democratic spirit of the Nigerian
state. We urge the court to so hold.
4.0. CONCLUSION
In view of our arguments on questions 1 to 2 above, this Honourable Court is therefore urged
to grant all the prayers and/or reliefs sought by the Plaintiff as contained in the Originating
Summons.
Dated this ………. day of …………………… 2012.
...................................
TIMI OLAGUNJU, ESQ
Counsel to the Plaintiff
Sync Legal,
c/o Bamidele Popoola Esq,
23A, Mike Ichie Ejezie street,
Lekki Phase 1, Lagos.
Tel: 08169011777, 08023797163.
timiolagunju@sync-legal.com, timi4nigeria_esq@ymail.com
ADDRESS FOR SERVICE:
1. PRESIDENT OF THE FEDERAL REPUBLIC OF NIGERIA,
Aso Rock Villa, Three Arms Zone,
FCT, Abuja.
2. FEDERAL MINISTRY OF JUSTICE,
Shehu Shagari Way,
Central Area, Abuja.
3. FEDERAL MINISTRY OF COMMUNICATION TECHNOLOGY,
Federal Secretariat Complex
3rd Floor, B Wing - Phase I, Annex II
Shehu Shagari Way
4. FEDERAL MINISTRY OF YOUTH DEVELOPMENT,
New Federal Secretariat Complex, Maitama,
Sule, Garki, Abuja
Tel: 09-5235902-7
5. FEDERAL MINISTRY OF FINANCE
(Opposite Central Bank)
P.M.B. 14, Garki, Abuja
Tel: 09-2340946; 2340324; 2343783; 2343784
2343786; Fax: 09-2340512
6. FEDERAL MINISTRY OF INFORMATION
Federal Secretariat, 2nd & 3rd Floors
Abuja Tel: 09-5237183
7. NATIONAL YOUTH COUNCIL OF NIGERIA,
4,Ikot Ekpene Close,
Off Emeka Anyaokwu Street,
Area 11 Garki,
Abuja.
LIST OF AUTHORITIES
JUDICIAL
1. BUHARI v. INEC (2008) 12 S.C. (PT. 1) 1 @ 88 Paragraphs 25-35.
3.2.7
2. BAMAIYI v. AG FEDERATION [2001] 12 NWLR (PT.727) 468 @ 497
3. BALONWU VS. GOVERNOR ANAMBRA STATE (2009) 12 S.C.(PT.1) 31 @ 56
4. ATTORNEY-GENERAL OF ABIA STATE VS. ATTORNEY-GENERAL OF THE
FEDERATION (2002) 6 NWLR (PT. 764) 264 @ 479 PARAGRAPHS D – F
STATUTORY
Sections 1 (1) & 42 of the CONSTITUTION OF THE FEDERAL REPUBLIC OF
NIGERIA (as amended)
TIMI OLAGUNJU, ESQ
Counsel to the Plaintiff
Sync Legal,
c/oBamidelePopoolaEsq,
23A, Mike IchieEjeziestreet,
Lekki Phase 1, Lagos.
Tel: 08169011777, 08023797163.
timiolagunju@sync-legal.com, timi4nigeria_esq@ymail.com
IN THE FEDERAL HIGH COURT OF NIGERIA
IN THE IKEJA-LAGOS JUDICIAL DIVISION
HOLDEN AT LAGOS
SUIT NO: …………………………………
MOTION NO: …………………………....
BETWEEN
TIMI OLAGUNJU, ESQ. {…………….PLAINTIFF
AND
1. THE PRESIDENT, FEDERAL REPUBLIC OF NIGERIA
2. ATTORNEY-GENERAL OF THE FEDERATION
3. FEDERAL MINISTRY OF COMMUNICATION TECHNOLOGY
4. FEDERAL MINISTRY OF YOUTH DEVELOPMENT {……. DEFENDANTS
5. FEDERAL MINISTRY OF FINANCE
6. FEDERAL MINISTRY OF INFORMATION
7. NATIONAL YOUTH COUNCIL OF NIGERIA
MOTION EXPARTE
BROUGHT PURSUANT TO ORDER 26 OF THE FEDERAL HIGH COURT (CIVIL
PROCEDURE RULES) 2009 AND UNDER THE INHERENT JURISDICTION OF THIS
HONOURABLE COURT
TAKE NOTICE that this Honourable Court will be moved on ………………………. the
…………………. of September, 2012 at the Hour of 9 O’ Clock in the forenoon or so soon
thereafter as counsel on behalf of the Plaintiff can be heard praying this Court for the following
orders:
1. AN ORDER OF INTERIM INJUCTION restraining the 1st, 3rd, 4th, 5th, 6thDefendants
from continuing with the You WIN Women programmme pending the determination of
this suit.
2. AND for such further order or orders as this Honourable Court may deem fit to make in
the circumstances.
DATED this 12th day of September, 2012
TIMI OLAGUNJU, ESQ
Counsel to the Plaintiff
Sync Legal,
c/o Bamidele Popoola Esq,
23A, Mike Ichie Ejezie street,
Lekki Phase 1, Lagos.
Tel: 08169011777, 08023797163.
timiolagunju@sync-legal.com, timi4nigeria_esq@ymail.com
IN THE FEDERAL HIGH COURT OF NIGERIA
IN THE IKEJA-LAGOS JUDICIAL DIVISION
HOLDEN AT LAGOS
SUIT NO: …………………………………
MOTION NO: ……………………………
BETWEEN
TIMI OLAGUNJU, ESQ. {…………….PLAINTIFF
AND
1. THE PRESIDENT, FEDERAL REPUBLIC OF NIGERIA
2. ATTORNEY-GENERAL OF THE FEDERATION
3. FEDERAL MINISTRY OF COMMUNICATION TECHNOLOGY
4. FEDERAL MINISTRY OF YOUTH DEVELOPMENT {……. DEFENDANTS
5. FEDERAL MINISTRY OF FINANCE
6. FEDERAL MINISTRY OF INFORMATION
7. NATIONAL YOUTH COUNCIL OF NIGERIA
AFFIDAVIT OF URGENCY IN SUPPORT OF MOTION EXPARTE
I, TIMI OLAGUNJU, ESQ., Christian, Nigeria citizen, Legal Practitioner of Sync Legal, 23A,
Mike Ichie Ejezie street, Lekki Phase 1, Lagos hereby make oath and aver as follows:
1. That I am the plaintiff in the matter and a legal practitioner and a citizen of Nigeria.
2. That as a legal practitioner I am under oath to uphold the Constitution of the Federal
Republic of Nigeria and the rule of law.
3. That I know as a fact that the You WIN WOMEN has been launched on
www.youwin.org.ng on Monday, September 3, 2012
4. That I know as a fact that the You WIN is a time based programme in which submissions
of interested candidates will close in the shortest possible time of less than 4 weeks from
this date(attached is a copy of the 2012 You WIN Women deadline as provided for on
www.youwin.org.ng as EXHIBIT You WIN 3)
5. That I know as a fact that the 2012Youth Enterprise with Innovation in Nigeria (You
WIN) programme for only Women undermines the Fundamental Rights against
discrimination under the 1999 Nigerian Constitution.
6. That I know as a fact that to continue with the 2012 You WIN Women programme will
cause irreversible and irreparable damage to the excluded eligible Nigerian men.
7. That I know as a fact that the Constitution of the Federal Republic of Nigeria 1999 is
supreme over and above any person or interest and is the guiding compass for the actions,
policies of the Nigerian Government and its agencies.
8. That the interest of the defendants will not be adversely affected.
9. That it is in the interest of justice to hear this application expeditiously.
10. That I depose to this affidavit in good faith conscientiously believing the same to be true,
and by virtue of the provision of the Oaths Act, 2004.
…………….…………………………………..………
DEPONENT
SWORN TO AT THE FEDERAL HIGH COURT REGISTRY, IKEJA, LAGOS
THIS …………………........... DAY OF ………………………………….. 2012
BEFORE ME
COMMISSIONER FOR OATH
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