Justice Emeka Nwite granted the leave to hear the case, according to a copy of the Order obtained by SaharaReporters on Monday.
The Federal High Court sitting in the Federal Capital Territory, Abuja, has granted leave to a suit filed by an applicant, Oladotun Hassan, seeking to disqualify the appointment of the Minister of Interior, Olubunmi Tunji-Ojo, on the ground of forgery of his National Youth Service Corps (NYSC) certificate.
Justice Emeka Nwite granted the leave to hear the case, according to a copy of the Order obtained by SaharaReporters on Monday.
The suit number, FHC/ABJ/C5/1155/2023, is between Aare Oladotun Hassan as the applicant and six respondents; the honourable Minister is the first respondent while the President, federal republic of Nigeria is the second respondent.
The third to sixth respondents are; the Attorney General of the federation and minister of justice; the Senate President of the federal republic of Nigeria; the Senate, federal republic of Nigeria and the National Youths Service Corps (NYSC) respectively.
The court ruled that the case is adjourned to 11th day of December, 2023 for hearing.
According to the court documents, the applicant is seeking, “A Declaration that the purported discharged Certificate No: A004523431 issued by the 6th Respondent to the 1st Respondent on the 28th February, 2023 is null and void having being issued contrary to the NYSC Act Cap N84, LFN 2004.
“A Declaration that the NYSC discharged certificate NO: A004523631 purported to be issued by the 6th Respondent and presented by the 1st Respondent to the 4th and 4th Respondents in satisfaction for confirmation as Minister Federal Republic of Nigeria is illegal, null and void having not being issued in accordance with the NYSC Act Cap N84, LFN 2004.
“A Declaration that the purported screening and confirmation of the 1st Respondent by the 4th Respondents as and 5th a Minister Federal Republic of Nigeria is unlawful having contradicts S.66 () and S.147(5) of the 1999 Constitution, Federal Republic of Nigeria as amended.
“A Declaration that the appointment and the purported inauguration or swearing in into office of the 1st Respondent as Minster Federal Republic of Nigeria by the 2nd Respondent is unlawful.”
Justice Nwite, according to the document, ordered as follows, “1. That an order of this Honourable Court is hereby made granting leave to the Applicant to apply for judicial review in the terms and on the grounds set out in the statement filed herein.
“2. That an order of this Honourable Court is hereby made granting leave to the Applicant to apply for an order of prohibition against the Respondents from further giving effect, recognition and validity whatsoever to the nomination/ appointment, confirmation and swearing- in of the 1st Respondent as a Minister, Federal Republic of Nigeria having not fulfilled the requirements and the conditions precedent under the low to his nomination/appointment and confirmation
“3. That an order of this Honourable Court is hereby made directing the 4th and 5th Respondents to bring its findings/review/ proceedings dated 7th day of August 2023 for quash wherein the 1st Respondent was screened and confirmed as a Minister, Federal Republic of Nigeria.
“4. That the Honourable Court hereby declared that the 1st Respondent fails to fulfill the conditions precedent under the NYSC Act, Cap N84, LFN 2004 for the issuance Certificate. of discharged/exemption.”
“5. That the Honourable Court hereby declared that the purported discharged Certificate No: A004523631 issued by the 6th Respondent to the 1st Respondent on the 28th February, 2023 is null and void having being issued contrary to the NYSC Act Cap N84, LFN 2004.
“6. That the Honourable Court hereby declared that the NYSC discharged certificate NO: A004523631 purported to be issued by the 6th Respondent and presented by the 1st Respondent to the 4th and 5th Respondents in satisfaction for confirmation as Minister Federal Republic of Nigeria is illegal, null and void having not being issued in accordance with the NYSC Act Cap N84, LFN 2004.
“7. That the Honourable Court hereby declared that the purported screening and confirmation of the 1st Respondent by the 4th and 5th Respondents as a Minister Federal Republic of Nigeria is unlawful having contradicts S.66 (i) and S.147(5) of the 1999 Constitution, Federal Republic of Nigeria as amended.
“8. That the Honourable Court hereby declared that the appointment and the purported inauguration or swearing-in into office of the 1st Respondent as Minster Federal Republic of Nigeria by the 2nd Respondent is unlawful being contrary to S.66 (i) and S.147 (5) of the 1999 Constitution as amended.
“9. That an Order of this Honourable Court is hereby made voiding the discharged Certificate No: A0045223631 purportedly issued by the 6th Respondent to the 1st Respondent being in contravention of the NYSC Act cap N84, LFN 2004.
“10. That an Order of this Honourable Court is hereby made voiding the screening and confirmation of the 1st Respondent as a Minister Federal Republic of Nigeria by the 4th and 5th Respondents.”
“That an Order of this Honourable Court is hereby made setting aside the purported/ proposed swearing-in of the 1st Respondent as Minister Federal Republic of Nigeria by the 2nd Respondent.
“12. That an Order of injunction is hereby made restraining the Respondents, their privies or any order persons or bodies receiving order from them from recognizing or giving effect to the appointment and confirmation of the 1st Respondent as Minister Federal Republic of Nigeria pending the determination of the substantive matter.
“13. That this case is adjourned to 11th day of December, 2023 for hearing. ISSUED AT ABUJA under the Seal of the Court and the Hand of the Presiding Judge, this day of November, 2023.”
