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Aker took this step following the lingering strike of the Academic Staff Union of Universities (ASUU).
 A final year law student has dragged President Muhammadu Buhari,
the 36 state governors and other political office holders to court.
Soohemha Agatha Aker asked the court to stop the salaries and
allowances of Buhari and all the other political office holders she took
to court over the lingering strike of the Academic Staff Union of
Universities (ASUU).
The law student in her reaction to the failure of the federal
government to meet the demands of ASUU asked the court to stop the
salaries.
Aker a student of the Benue State University, Markudi, also asked
the court to stop the salaries of the Chief of Staff to the President,
Secretary to the Government, all senators and members of the House of
Representative, all Ministers, all the Permanent Secretaries, all heads
of parastatals & extra ministerial bodies of the Federal Republic of
Nigeria, all the vice-chancellors and the members of the senate of
striking universities, as well as the salaries and allowance of the
striking Universities and all the members of the ASUU.
The law student, in the fundamental right enforcement suit marked
FHC/ABJ/CS/1684/2022, noted that she filed the case for herself and on
behalf of all students of public tertiary institutions currently
affected by the lingering 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 own
official capacity and in a representative capacity for all the other
Governors of the Thirty-Five States of the Federation).
The rests are Revenue Mobilization 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 Thirty-Five 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 on the ongoing ASUU Strike) and Umar Faruk
(President, National Association of Nigerian Students, NANS).
The case was filed under 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 1st Respondent their monthly salaries,
allowances, and other benefits received individually or collectively
from the day the industrial action of the 2nd 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 was 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 about 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 2nd Respondent Union is wrongful, gross failure of duty to the
future of Nigeria, the 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. |
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