I hope he gets d popularity he's looking for. U will neva hear anytin frm dem after becoming Senior advocates of Nigeria SAN. nice move though

HNosegbe:

The way I see it, he'll have to prove to the court that he has suffered DIRECT loss as a result of the strike for this case not to be thrown it. Probably he has kids in the public universities, for instance?

I wish him luck.

BT bro... u know strike action is a legal and civil action being taken by organizations or unions to compel govt to accede to dia demands...

Mtcheew... Na 2day person dey hear dat kin news, in a country lyk 9ja pple dont respect d constitution, if dey did den govt would hav implemented dat agreement dey made wit ASUU.. The judiciary of this country isnt even active at all, govt and pple especially politicians can do as dey please, in a country like u.s.a their govt can never make any agreement dey cant implement bcus dey knw d consequences. Infact nobody should even put any hope in dat case bcus dat case is goin to be adjourned til eternity. Only God can save us in dis country

HNosegbe:

The way I see it, he'll have to prove to the court that he has suffered DIRECT loss as a result of the strike for this case not to be thrown it. Probably he has kids in the public universities, for instance?

I wish him luck.

1) Locus Standi

2) Fundamental Objectives and Directive Principles of State Policy (is it justiceable?)

3) African Charter on Human and People's Rights (article 17).

another useless nah today we dey hear Sue way no get head mtcheeeeew but shai saying still dey consult with their members which one come b Sue

His case will die at the first hearing. Let us wait and see.

if FG think they are stubborn, then ASUU will show them that Adamant. Anywhich way, let them just pls think of the Masses. And wait oo, hope this man is save sha?

Dey there dey dull ASUU no ready resume make u na go marry and born pikin

goshen26: sssssh, aren't you tired of staying at home or your children staying at home, i will beat you sir

Since dat is wat they want us 2 do naaaaaa so me 2 am on Strike

fuckluv: Lazybone, why shouldn't he?

That is the Question "Why Should HE"?

HNosegbe:

The way I see it, he'll have to prove to the court that he has suffered DIRECT loss as a result of the strike for this case not to be thrown it. Probably he has kids in the public universities, for instance?

I wish him luck.

Me I'm not a lawyer but I know he has a lot of convincing to do, he has to show proof rather than mere pity. I know courts to do not accept pity as evidence, anyway, good luck to him, I can only wish him success.

1)

Constitution of The Federal Republic of Nigeria (1999).

Chapter II

Fundamental Objectives and Directive Principles of State Policy.

18. (1) Government shall direct its policy towards ensuring that there are equal and adequate educational opportunities at all levels.

(2) Government shall promote science and technology

(3) Government shall strive to eradicate illiteracy; and to this end Government shall as and when practicable provide

(a) free, compulsory and universal primary education;

(b) free secondary education;

(c) free university education; and

(d) free adult literacy programme.

Unfortunately the Fundamental Objectives and Directive Principles of State Policy are not justiceable.

bemagnify: BT bro... u know strike action is a legal and civil action being taken by organizations or unions to compel govt to accede to dia demands...

That depends on how u define legal, because it's accepted doesn't make it Constitutional, at least that's what he's arguing based on "fundamental student right"... That's why he's seeking the courts to compel ASUU to back off and go back to work.

African Charter on Human and Peoples Rights

Article 17

1. Every individual shall have the right to education. 2. Every individual may freely, take part in the cultural life of his community. 3. The promotion and protection of morals and traditional values recognized by the community shall be the duty of the State.

This is justiceable in Nigeria (the treaty was ratified by Nigeria).

There's a judicial precedent regarding this (someone sued the Federal Government of Nigeria. The case went all the way to the Ecowas Court. The Court ruled that the Right to Education, as contained in the Nigerian Constitution is not justiceable, but the rights as contained in the African Charter are justiceable).

lurvy: [size=18pt]I think all this people trying to sue ASUU are only trying to seek attention for themselves.
As for me I believe that with Time these Things will surely come to an End.[/size]

IT'S CUZ OF PPL LIKE U THAT FOLD HAND AND WAIT FOR MANNA TO FALL, THAT NIGERIA IS THE WAY IT IS NOW. U WONT MOVE, NEITHER WOULD YOU SUPPORT WHO GOT THE COURAGE TO MOVE

Mr. Lawyer,do u need an assistant?

ifeanyi_ja: A Lagos-based legal practitioner, Daniel Onwe, has
dragged the Federal Government and the Academic
Staff Union of Universities, ASUU, before a Federal
High Court in Lagos, southern Nigeria, over the lingering crisis between the two bodies which has led to the closure of public universities in the country since 1 July.

In a motion dated 30 September, 2013, Barrister Onwe is seeking an order of court to compel ASUU to call off the strike it embarked upon in protest over the
unwillingness of government to implement certain
aspects of the agreement they reached over the parlous state of Nigerian universities and other issues.

In a 15-paragraph affidavit filed along with the motion,
Onwe is asking the court to declare that the indefinite
strike embarked upon by ASUU, leading to the closure
of government owned universities for three months,
violates the fundamental rights of the students
affected.

He argued that the continued strike action by ASUU has traumatized many students who now engage in all sorts of vices.

Onwe posited that the plight of the affected students
has worsened as their contemporaries in private
universities continue to attend lectures while they
remain idle at home.

He urged the court to compel ASUU to open the
universities for lectures to resume while their
negotiation with the Federal Government continues.
No date has been fixed for hearing of the suit.

www.pmnewsnigeria.com/2013/10/02/lawyer-sues-fg-ASUU-over-strike/

As far as i know ASUU is not stupid, reopening while negotiating with FG will not yield any result, ASUP went back to class some months ago and have gone back on strike.... this FG sha...

3)

[size=14pt]Landmark court decision on right to education.[/size]

The landmark decision at the ECOWAS court was made in 2009 and confirmed in late 2010. The fact that an important regional court has declared that education is an enforceable right in Nigeria sets precedents for future cases.

2010

6 December 2010 Nigeria: ECOWAS Court affirms Nigeria accountable for ensuring the right to education Amnesty International calls on the Nigerian government to implement the judgment issued by the Economic Community of West African States (ECOWAS) Community Court of Justice which requires the government to ensure that the right to free and compulsory basic education is upheld. In a landmark decision, the court also affirmed that the right to education should not be undermined by corruption.

The ECOWAS Court held that Nigeria’s Universal Basic Education Commission has the responsibility to ensure that funds disbursed for basic education are properly used for this purpose.

While the Court stated that proof of high level corruption had not been presented before it, it noted that there was prima facieevidence of embezzlement of funds on the basis of the reports of Nigeria’s Independent Corrupt Practices Commission (ICPC). The Court stated that while steps are taken to recover funds and/or prosecute the suspects, the Nigerian government is required to provide the funds necessary to cover the shortfall in order to avoid denying any of its people the right to education.

The Court stated that it will hold ECOWAS States accountable if they deny the right to education to their people. It affirmed its earlier ruling of 27 October 2009 which rejected the government’s claim that the right to education was not enforceable and which stated that the Court has jurisdiction to hear cases involving allegations of breaches of the African Charter on Human and Peoples’ Rights.

This judgment is an important restatement of the principles of universality and indivisibility of all human rights established in both the African Charter on Human and Peoples’ Rights and the Universal Declaration of Human Rights.

The judgment also represents an important step forward in the progressive realisation of economic, social and cultural rights in Nigeria in particular, and the West Africa sub-region in general.

The Nigerian government must publicly acknowledge that it is bound by the decision made by the ECOWAS court and that it will take immediate steps to enforce it.

Amnesty International also calls on the Nigerian government to take immediate steps to address corruption in the education sector in order to ensure the right to education.
All ECOWAS member states must insist that the Nigerian government comply with the judgment. The effectiveness of the ECOWAS court and the development of regional human rights jurisprudence can only be ensured if all ECOWAS member states use their influence to ensure that Nigeria complies with the decision of the court.

In addition, in line with their international obligations, ECOWAS member states must take steps to ensure that the right to free and compulsory basic education is upheld in their own countries.

The case (suit number: ECW/CCJ/APP/0808) was brought by the Socio-Economic Rights and Accountability Project (SERAP) against the Federal Government of Nigeria and the Universal Basic Education Commission (UBEC). Amnesty International contributed to the legal submission by SERAP to the court.

The Economic Community of West African States (ECOWAS), is a regional group of fifteen countries. Member States are Benin, Cape Verde, Cote D’Ivoire, the Gambia, Ghana, Guinea, Guinea-Bissau, Liberia, Mali, Niger, Nigeria, Senegal, Sierra Leone and Togo.
The Community Court of Justice is the principal legal organ of ECOWAS and its main function is to ensure the observance of the rule of law and justice in ECOWAS member states.

http://www.right-to-education.org/node/719

kennybelle: Another good samaritan has risen to fight 4d Nigerian students, sueing both parties, i hope this leads us somewhere.

You are wrong then! It shld rather be another waste of time effort and money. All those who have sued so far, what positive result have they yielded? Has the strike been called off? Another waste of time perhaps for publicity stunt. Smh! Strike all the way till 2015!

timwezzb: Why will HE do that

why wouldn't he do that?

Thanks oga lawyer..... God bless u. This is what good father n leader should do for his children. Thanks sir

4) Locus Standi

In law, standing or locus standi is the term for the ability of a party to demonstrate to the court sufficient connection to and harm from the law or action challenged to support that party's participation in the case. Standing exists from one of three causes:

* The party is directly subject to an adverse effect by the statute or action in question, and the harm suffered will continue unless the court grants relief in the form of damages or a finding that the law either does not apply to the party or that the law is void or can be nullified. This is called the "something to lose" doctrine, in which the party has standing because they directly will be harmed by the conditions for which they are asking the court for relief.

* The party is not directly harmed by the conditions by which they are petitioning the court for relief but asks for it because the harm involved has some reasonable relation to their situation, and the continued existence of the harm may affect others who might not be able to ask a court for relief. In the United States, this is the grounds for asking for a law to be struck down as violating the First Amendment, because while the plaintiff might not be directly affected, the law might so adversely affect others that one might never know what was not done or created by those who fear they would become subject to the law – the so-called "chilling effects" doctrine.

* The party is granted automatic standing by act of law. Under some environmental laws in the United States, a party may sue someone causing pollution to certain waterways without a federal permit, even if the party suing is not harmed by the pollution being generated. The law allows them to receive a portion of any fines collected by the government from their violation of law. In some U.S. states, a person who believes a book, film or other work of art is obscene may sue in their own name to have the work banned directly without having to ask a District Attorney to do so.

In the United States, the current doctrine is that a person cannot bring a suit challenging the constitutionality of a law unless the plaintiff can demonstrate that he/she/it is or will "imminently" be harmed by the law. Otherwise, the court will rule that the plaintiff "lacks standing" to bring the suit, and will dismiss the case without considering the merits of the claim of unconstitutionality. To have a court declare a law unconstitutional, there must be a valid reason for the lawsuit. The party suing must have something to lose in order to sue unless it has automatic standing by action of law.

http://en.m.wikipedia.org/wiki/Standing_(law)

In Fawehinmi v. Akilu (1987) 2 NWLR (PT 67) 767 the Supreme Court relaxed the anachronistic doctrine of locus standi so as to permit the private prosecution of criminal offences by concerned individuals on the ground that “we are all our brothers’ keepers”.

lurvy: [size=18pt]I think all this people trying to sue ASUU are only trying to seek attention for themselves.
As for me I believe that with Time these Things will surely come to an End.[/size]

He sued both FG and ASUU. I wonder how u take survive waec summary passage..

Usbeel: Vote for me (Stardom Artiste Contest) online at http://m.naijaartiste.net/contest/usbeel/

I wanted to vote 4u but u lack courtesy.

naptu2:

1) Locus Standi

2) Fundamental Objectives and Directive Principles of State Policy (is it justiceable?)

3) African Charter on Human and People's Rights (article 17).

Mr. fundamental objectives and direct principles of state policy are not mandatory to be implemented and u know it....

for locus standi... he may suffer direct or indirect loss... and u know indirect loss is still actionable per se....

bemagnify: Mr. fundamental objectives and direct principles of state policy are not mandatory to be implemented and u know it....

for locus standi... he may suffer direct or indirect loss... and u know indirect loss is still actionable per se....

Scroll up

timwezzb: Why will HE do that

Because he doesn't want you to clock 30 before you. Graduate.

Let's support him in prayers bro.

ifeanyi_ja: A Lagos-based legal practitioner, Daniel Onwe, has
dragged the Federal Government and the Academic
Staff Union of Universities, ASUU, before a Federal
High Court in Lagos, southern Nigeria, over the lingering crisis between the two bodies which has led to the closure of public universities in the country since 1 July.

In a motion dated 30 September, 2013, Barrister Onwe is seeking an order of court to compel ASUU to call off the strike it embarked upon in protest over the
unwillingness of government to implement certain
aspects of the agreement they reached over the parlous state of Nigerian universities and other issues.

In a 15-paragraph affidavit filed along with the motion,
Onwe is asking the court to declare that the indefinite
strike embarked upon by ASUU, leading to the closure
of government owned universities for three months,
violates the fundamental rights of the students
affected.

He argued that the continued strike action by ASUU has traumatized many students who now engage in all sorts of vices.

Onwe posited that the plight of the affected students
has worsened as their contemporaries in private
universities continue to attend lectures while they
remain idle at home.

He urged the court to compel ASUU to open the
universities for lectures to resume while their
negotiation with the Federal Government continues.
No date has been fixed for hearing of the suit.

www.pmnewsnigeria.com/2013/10/02/lawyer-sues-fg-ASUU-over-strike/

....hm dey find name for himself...gud samaritan

ifeanyi_ja: A Lagos-based legal practitioner, Daniel Onwe, has
dragged the Federal Government and the Academic
Staff Union of Universities, ASUU, before a Federal
High Court in Lagos, southern Nigeria, over the lingering crisis between the two bodies which has led to the closure of public universities in the country since 1 July.

In a motion dated 30 September, 2013, Barrister Onwe is seeking an order of court to compel ASUU to call off the strike it embarked upon in protest over the
unwillingness of government to implement certain
aspects of the agreement they reached over the parlous state of Nigerian universities and other issues.

In a 15-paragraph affidavit filed along with the motion,
Onwe is asking the court to declare that the indefinite
strike embarked upon by ASUU, leading to the closure
of government owned universities for three months,
violates the fundamental rights of the students
affected.

He argued that the continued strike action by ASUU has traumatized many students who now engage in all sorts of vices.

Onwe posited that the plight of the affected students
has worsened as their contemporaries in private
universities continue to attend lectures while they
remain idle at home.

He urged the court to compel ASUU to open the
universities for lectures to resume while their
negotiation with the Federal Government continues.
No date has been fixed for hearing of the suit.

www.pmnewsnigeria.com/2013/10/02/lawyer-sues-fg-ASUU-over-strike/

....hm dey find name for himself...gud samaritan

Wow, this is interesting, not just suing ASUU alone but also the FG.
I really commend your effort. I hope this will bring to an end this strike.

timwezzb: Why will HE do that

wati dis one dey talk?