Mr. Olisa Agbakoba (SAN), has filed a Fundamental Rights Class Action against the Federal Republic of Nigeria for himself and on behalf of the South East Zone on grounds of discrimination pursuant to Section 42 of the 1999 Constitution. This action was by Originating Summons supported by an affidavit of 99 paragraphs and a statement.

The grounds of Mr. Agbakoba’s application are summarized as follows;

(a) Total neglect of the Applicant’s Geopolitical Zone by the 1st Respondent in terms of infrastructure and general federal presence making the Applicant feel not part of the 1st Respondent.

(b) Abandonment of the Niger Bridge to collapse and failure to build the ‘Second Niger Bridge’ making the Applicant feel isolated from other parts of 1stRespondent and causing him apprehension about disaster on crossing the existing bridge.

(c) Abandonment of Federal Roads, which are death traps and robbery baits and occasioning and constraining on the Applicant grueling road journeys within the Geopolitical Zone. Failure to develop strategic new roads especially the Anam-Nzam Federal Road linking the South-East with the North-Central at Idah in Kogi State to give the Applicant easy access to the northern part of Nigeria.

(d) Failure to exploit the Oil/Gas Reserves in the Anambra Basin and stalling the Applicant’s legitimate expectation from employment and derivation funds for development of the Applicant’s South-East Zone.

(e) Abandonment of the Enugu Colliery and depriving the Applicant of his legitimate expectation from employment and derivation funds for the development of the Applicant’s South-East Zone.

(f) Failure to develop trade-friendly ports and customs policies and establish ‘ease-of-business’ platforms to assist the Applicant’s trading brothers and sisters to do better and operate on a higher and modern scale in trading, which makes the Applicant to spend money to support relatives.

(g) Failure to have an operational international cargo airport at Owerri to aid trading, which causes the Applicant to spend huge sums of money to support trading relatives to haul airborne goods by road from Lagos, , with the attendant risks.

(h) Failure to dredge the Lower Niger and establish a Port at Onitsha to aid trading which causes the Applicant to spend huge sums of money to support trading relatives to haul seaborne goods by road from Port Harcourt or Lagos, with the attendant risks.

(i) Disparity in States structure which puts the Applicant’s South-East Zone behind every other Geopolitical Zone in political and judicial appointments and representation at the National Assembly, as well as in revenue allocation.

(j) Foisting low revenue allocation status on the Applicant’s South-East Zone as a result of failure to exploit Oil/Gas and Coal and as a result of the said structural imbalance.

(k) Over-policing and police menacing of the South-East with alarming number of police ‘check-points’ at which massive extortion of billions of naira annually go on, even while violent crimes continue as if there were no police operatives.

(L) Abandoning the South-East to be swallowed up by erosion; failing to respond to calls to check widening gullies in the South-East, especially in Agulu, Nanka and Obosi all in Anambra State, which have claimed expansive farmlands and homelands and leveled homes, displacing people.

The reliefs sought are:

1. A DECLARATION that the Structural Composition of the States in the 1stRespondent in this distribution: North-West, Seven States; North-Central, Six States; North-East, Six States; South-West, Six States; South-South, Six States; and South-East, Five States; creates a structural imbalance against the Applicant and the Group/Class he represents to their political and economic disadvantage in federal legislative representation, ministerial/political and judicial appointments, and revenue allocation contrary to Section 14(3) of the Constitution of the Federal Republic of Nigeria 1999, which requires reflection of federal character in conduct of public affairs, and accordingly a violation of Section 42 of the Constitution of the Federal Republic of Nigeria 1999, which prohibits discrimination against the Applicant and the Group/Class represented based on Ethnic Grouping and place of origin.

2. A DECLARATION that in view of the provisions of Section 162(2) Constitution of the Federal Republic Nigeria 1999, which prescribes not less than 13% of federal allocation accruing directly from natural resources to be paid to the area from where such is derived, the neglect by the 1stRespondent of the huge Coal reserves under the rocky hills of Enugu and the environs in relation to the Applicant and the Group/Class he represents, of its exclusive responsibility by Item 39 in the Exclusive Legislative List, Part I Second Schedule of the Constitution of the Federal Republic of Nigeria 1999, to extract the said coal deposits in commercial quantity in accordance with Section 16(2)(b)of the Constitution of the Federal Republic of Nigeria 1999, while extracting solid minerals in other Geopolitical Zones, is discriminatory and a violation of Section 42 of the Constitution of the Federal Republic of Nigeria 1999.

3. A DECLARATION that in view of the provisions of Section 162(2) Constitution of the Federal Republic Nigeria 1999, which prescribes not less than 13% of federal allocation accruing directly from natural resources to be paid to the area from where same is derived, the neglect by the 1stRespondent of the huge Oil/Gas reserves in the Anambra Basin in relation to the Applicant and the Group/Class he represents, of its exclusive responsibility under Item 39 in the Exclusive Legislative List, Part I Second Schedule of the Constitution of the Federal Republic of Nigeria 1999, to extract the same Oil/Gas for commercial purpose in accordance with Section 16(2)(b) of the Constitution of the Federal Republic of Nigeria 1999, while extracting and exploring same in other Geopolitical Zones, is discriminatory and a violation of Section 42 of the Constitution of the Federal Republic of Nigeria 1999.

4. A DECLARATION that the neglect by the 1st Respondent of the Federal Roads in the South-East Geopolitical Zone, the neglect of the Niger Bridge which is nearing collapse and failure to put in place a Second Niger Bridge to connect the South-East with other parts of the 1st Respondent, in accordance with Section 15(3)(a) of the Constitution of the Federal Republic of Nigeria 1999, when the 1stRespondent does so in other Geopolitical Zones, is contrary to Section 42 of the Constitution of the Federal Republic of Nigeria 1999.

5. A DECLARATION that the over-policing of the South-East highways with numerous check-points by operatives of the 1stRespondent’s Nigeria Police Force (NPF) at every stretch of road wherein sums in excess of N9 Billion annually are extorted from the South-East people, while kidnapping and other crimes still go on unchecked in violation of Section 14(2)(b) of the Constitution of the Federal Republic of Nigeria 1999; when such extortion and high level of crime are not obtainable in any other Geopolitical Zone, is discriminatory and a violation of the provisions of Section 42 of the Constitution of the Federal Republic of Nigeria 1999.

6. A DECLARATION that the 1st Respondent’s failure to develop friendly ports and customs policies to assist traders from the South-East Geopolitical Zone to do better in trading and on higher scale; failure to have an operational international cargo airport at Owerri to aid trading and failure to dredge the Lower Niger and establish a Port at Onitsha to aid trading, in accordance with its constitutional obligations under Section 15(4), 16(1)(a) and (2)(a) and 17(3) of the Constitution of the Federal Republic of Nigeria 1999, when it responds to the people of other Geopolitical Zones in respect of their areas of strength in the economic map of the 1st Respondent, are discriminatory acts which violate Section 42 of the Constitution of the Federal Republic of Nigeria 1999.

7. A DECLARATION that the poor revenue allocation rate foisted on the South-East Geopolitical Zone by the 1st Respondent as a result of failure to exploit Oil/Gas and Coal in the Zone and as a result of the structural imbalance of the States in the South-East vis-à-vis other Geopolitical Zones where the 1stRespondent is mandated under Section 16(2)(a) of the Constitution of the Federal Republic of Nigeria 1999 to promote “a planned and balanced economic development”, is discriminatory and contrary to the fundamental right of the Applicant guaranteed by Section 42(1) of the Constitution of the Federal Republic of Nigeria 1999.

8. A DECLARATION that the worsening menace of Erosion in the South-East Zone generally and in particular in Agulu, Nanka and Obosi in Anambra State, under the watch and neglect of the 1st Respondent, who responds to similar or less-threatening ecological problems in other Zones with dispatch and commitment, is discriminatory and a violation of the fundamental right of the Applicant and the Group/Class represented guaranteed under Section 42 of the Constitution of the Federal Republic of Nigeria 1999.

9. AN ORDER directing the 1st Respondent to forthwith prepare and release for immediate execution a comprehensive South-East Development Master Plan (SEDM) forurgent turn-around of the infrastructure in the South-East Geopolitical Zone, and the phased execution of such Master plan to be pursued with dispatch and vigour; which Master Plan must include immediate relief in the following identified areas of neglect:

(a) Complete overhauling of all Federal Highways in the Zone and designing and construction of new ones, including the Anam-Nzam Federal Roadlinking the South-East with the North-Central at Idah in Kogi State

(b) Exploration of Oil/Gas Reserves in the Anambra Basin

(c) Reinvigoration of modernized mining activities in Enugu

(d) Re-engineering of Niger Bridge at Onitsha and construction of a Second Niger Bridge at Onitsha

(e) Dredging of the Lower Niger and construction of a Lighter Berth at Onitsha, and

(f) Developing a modern international cargo airport in the Eastern Heartland at Owerri

10. AN ORDER directing the 1st Respondent to forthwith prepare and send to the National Assembly for enactment, a bill to establish the South-East Development Commission (SEDC) and for ancillary matters, which body shall be charged with the execution of the said Master plan and the general development of the South-East Geopolitical Zone.

11. AN ORDER directing the 1st Respondent to forthwith put all its machinery, including but not limited to legal and political apparatus, in motion, with a view to urgently creating TWO ADDITIONAL STATES in the South-East Geopolitical Zone to balance with the Seven States in the North-West, and thereby bring to an end the discriminatory practices against the South-East Geopolitical Zone in terms of legislative representation, political and judicial appointments and net federal allocation accruing to the Geopolitical Zone.

12. AN ORDER directing the 1st Respondent to take immediate steps to check the excessively aggressive and nefarious, yet ineffective policing of the South-East Geopolitical Zone and putting an end to the extortion going on at the ubiquitous police check-points on the highways in the South-East Geopolitical Zone.

READ MORE: http://www.abacityblog.com/2017/04/olisa-agbakoba-files-suit-against.html

FTC am dedicating this to my beautiful mom happy birthday to you ma may you live long in good health. Love you all nairalanders

There is a clear marginalization of SE

And SE leaders has been d dumbest pple ever.

If not for greed

The SE elites should be d one championing the Total disintegration of Nigeria or rather

True federalism

But since they re benefitting from the ill union, they appear not to care.

I hoped, the suit is not for the present administration.. let the filing include Jonathan and his entire cabinet.. defendant PDP and co-travellers ..the south east people who also denied themselves of a good governance..all the past civilians governors must not be left out.

My interest is for this failed entity to be thorn into pieces, nothing more nothing less.
If Igbos could go this far without fed govt presence for donkey years, how much more when they have their own country. Dismantle this contraption now and watch how peaceful each country would be. Development takes place where there is unity and peace, not here in Nig.

Good... you too you failed in a way!
If I'm right were you not the president of Nigerian Bar Association during GEJ regime and which song did you sing then for neglecting SE rds for yrs.??

There is no justice in the zoo.instead of filing endless suits that will be dead on arrival,pls join force Biafra agitators.

Unfortunately, the case will likely be thrown out.

It isn't because there isn't lopsided appointment, it is simply because the constitution gives the President the power to appoint from among Nigerians without specifically stating equal representation save for for cabinet (ministerial) positions that it specified at least a minister from each state of the federation.

As for project, the legislators representing SE must rise up to the occasion and protest against the lopsided projects as captured in the budget. Ministers from the region should raise same issues in the FEC meetings.

The ultimate solution is restructuring of the political system.

Jabioro:
I hoped, the suit is not for the present administration.. let the filing include Jonathan and his entire cabinet.. defendant PDP and co-travellers ..the south east people who also denied themselves of a good governance..all the past civilians governors must not be left out.

This is the thread i will live on and i will fumigate your type out of it.



What does your kind really want?


When they protest, you tell them it's not the best action.



When they support the government of GEJ, you tell them that they are blind and neophytes


They asked for division of the country, you still tell them that it's not possible that dialogue is the answer.



They came for dialogue, you tell them that they should go and meet GEJ that they didn't vote for buhari



Now, they ve gone to court to compel the FG to do the needful. You still have the vocal chords to poppycock



What do you guys really want the igbos to do for you

Qmerit:
Good... you too you failed in a way!
If I'm right were you not the president of Nigerian Bar Association during GEJ regime and which song did you sing then for neglecting SE rds for yrs.??

NBA is a pressure group for Nigeria Lawyers not a SE group.



Seriously i see brain failur here

CarlosTheJackal:
NBA is a pressure group for Nigeria Lawyers not a SE group.



Seriously i see brain failur here

No brain is failing.... I know is not about SE bout he has the capacity to advise the govt directly and indirectly not for a particular region per say...

Is it only the east that has been neglected? Go and see some federal roads up north or even in kogi, benue and taraba! Then let me not even add Osun, ekiti etc! Abeg this suit should be re-filed on behalf of every region of naija!

TonyeBarcanista:
Unfortunately, the case will likely be thrown out.

It isn't because there isn't lopsided appointment, it is simply because the constitution gives the President the power to appoint from among Nigerians without specifically stating equal representation save for for cabinet (ministerial) positions that it specified at least a minister from each state of the federation.

As for project, the legislators representing SE must rise up to the occasion and protest against the lopsided projects as captured in the budget. Ministers from the region should raise same issues in the FEC meetings.

The ultimate solution is restructuring of the political system.

Hope you read the title of the suit? A class action suit. Freeze01 i think you need to use your law background to explain to my friend here what it entails.




Now, on political basis what you are expecting the lawmakers to do has always been done but we have a President who doesn't listen to anyone but himself needs a judicial enforcement to coerce him into doing the needful

Qmerit:


No brain is failing.... I know is not about SE bout he has the capacity to advise the govt directly and indirectly not for a particular region per say...

He is speaking on behalf of his region and he is within his right as an individual to champion the course of his region.



Why should i fight on behalf of my neighbour zinc to be repaired whereas mine is also leaking. I will fight for mine then use it as a tool to fight for my neighbour own

CarlosTheJackal:
Hope you read the title of the suit? A class action suit. Freee01 i think you need to use your law background to explain to my friend here what it entails.




Now, on political basis what you are expecting the lawmakers to do has always been done but we have a President who doesn't listen to anyone but himself needs a judicial enforcement to coerce him into doing the needful

If the lawmakers refused to participate in the passing of the budget as a form of protest and lobby others, especially those of the SS, NC and SW, trust me there will be a standdown as the budget won't enjoy the required support to go through. This will force the hand of the Executive.


I also made mention of FEC guys from SE

momentarylapse:



Is it only the east that has been neglected? Go and see some federal roads up north or even in kogi, benue and taraba! Then let me no even add Osun, ekiti etc! Abeg this suit should be re -filed on behalf of every region of naija!

I answered yyour type on jabioro post. Scroll up.


Let the other leaders fight for theirs.



Have you seen a Yoruba or Igbo man doing Civilian JTF in Borno? You fight according to how it affects you

We yoruba muslim we reject that suit in it entirety.

CarlosTheJackal:
This is the thread i will live on and i will fumigate your type out of it.



What does your kind really want?


When they protest, you tell them it's not the best action.



When they support the government of GEJ, you tell them that they are blind and neophytes


They asked for division of the country, you still tell them that it's not possible that dialogue is the answer.



They came for dialogue, you tell them that they should go and meet GEJ that they didn't vote for buhari



Now, they ve gone to court to compel the FG to do the needful. You still have the vocal chords to poppycock



What do you guys really want the igbos to do for you

Do you know how many IPOB members accusing Yoruba's for not supporting them..

TonyeBarcanista:
If the lawmakers refused to participate in the passing of the budget as a form of protest and lobby others, especially those of the SS, NC and SW, trust me there will be a standdown as the budget won't enjoy the required support to go through. This will force the hand of the Executive.


I also made mention of FEC guys from SE

Politics is a game of numbers. The SE has 15 lawmakers whereas other regions has 18 and now you think it will be possible to use their numbers to create a Stand off? Hope you also know that some regions won't align with you because this is a regional agenda. How ll you feel if your SS lawmaker is fighting with the SE lawmaker for a Federal road to be built in SE whereas the SS has same issues?


Now for the FEC, Pray tell the Minister in the SE Manning a JUICY portfolio in that FEC that his actions can effect any change in Nigeria

Jabioro:
Do you know how many IPOB members accusing Yoruba's for not supporting them..

Did i mention Yorubas? I called you out and not a group. Don't go tribal on me because this is not what want now. Give me your opinion

CarlosTheJackal:
Did i mention Yorubas? I called you out and not a group. Don't go tribal on me because this is not what want now. Give me your opinion

Your people goes tribal..

CarlosTheJackal:
I answered yyour type on jabioro post. Scroll up.


Let the other leaders fight for theirs.



Have you seen a Yoruba or Igbo man doing Civilian JTF in Borno? You fight according to how it affects you

There really is no hope for you! You reason backwardly all the time!

When azikiwe, sardauna bello, kwame nkurmah, awolowo, maitama sule etc were fighting to make this country a reality where were you? We're was that _moron called kanu? Was any of them asking foolish questions like "let nkurmah fight for Ghana? Or let sardauna fight for sokoto? JTF is your angle? No wait...Why are you not complaining about the hausa or yoruba policemen and soldiers protecting you there in the east?

Abeg go siddon for backyard!

momentarylapse:



There really is no hope for you! You reason backwardly all the time!

When azikiwe, sardauna bello, kwame nkurmah, awolowo, maitama sule etc were fighting to make this country a reality where were you? We're was that _moron called kanu? Was any of them asking foolish questions like "let nkurmah fight for Ghana? Or let sardauna fight for sokoto? Jft? Why are you not complaining about the hausa or yoruba policemen and soldiers protecting you there in the east?

Abeg go siddon for backyard!

What are you really saying here because your vituperations here doesn't align with the thread or any of my post.



Scroll up again then reply based on the thread

Jabioro:
Your people goes tribal..

Jabioro, let's trash this topic as individuals and not all this tribal back and forth. What is your grouse against this Suit

Down with Nigeria!

Lalasticlala fp biko

Nigeria as a nation is depressive, not inspirational, that's why I have always seen myself as an Igbo man rather than a Nigerian.

There is nothing interesting about d country, basic amenities the impotent nation cannot provide and yet demands patriotism from us .

God bless my hustle, I hope on you and not on this failed nation.

CarlosTheJackal:
What are you really saying here because your vituperations here doesn't align with the thread or any of my post.



Scroll up again then reply based on the thread

Whenever you are cornered you start asking people to read again? abeg my job is to post a reply to illogical facts and points and not to make the poster understand them....if you cannot comprehend or discern the facts from my post then sorry! Get well soon!

momentarylapse:



Whenever you are cornered you start asking people to read again? abeg my job is to post a reply to illogical facts and points and not to make the poster understand them....if you cannot comprehend or discern the facts from my post then sorry! Get well soon!

I saw a lot of bla bla bla and nothing in relation to what's being said. Try to read and understand

They think they can conspire to hold Igbos down perpetually and still have peace? Never!

CarlosTheJackal:
Politics is a game of numbers. The SE has 15 lawmakers whereas other regions has 18 and now you think it will be possible to use their numbers to create a Stand off? Hope you also know that some regions won't align with you because this is a regional agenda. How ll you feel if your SS lawmaker is fighting with the SE lawmaker for a Federal road to be built in SE whereas the SS has same issues?


Now for the FEC, Pray tell the Minister in the SE Manning a JUICY portfolio in that FEC that his actions can effect any change in Nigeria

I don't think you understand my position. What is the role of lobby? Parliamentarians worldwide used the tool to get what they want from their colleagues. If the SE legislators (Senate and Reps) efficiently utilise it, it will force the government to some compromise.

Meanwhile, ministers are there to represent the interest of their people in the Federal Executive Council. If they can't raise the issue during FEC meetings, why are they there?

...There is no need for all this Olisa,just lend your voice to the dis-integration of this country..Let everyone go their way cos our diversity is very retrogressive...period.