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Suit No. ……………………..
IN THE MATTER OF AN APPLICATION BY BARRISTER ROBERT IGBINEDION FOR THE ENFORCEMENT OF FUNDAMENTAL RIGHT TO FAIR HEARING, FREEDOM FROM DISCRIMINATION AND HUMAN DIGNITY
BETWEEN
1. Barrister Robert Igbinedion Applicant
AND
1. Bishop David Oyedepo
2. Living Faith Christian Church Int’l Respondents
MOTION ON NOTICE
Brought Pursuant to:
1. Order 1 rule 2 of the fundamental rights (Enforcement Procedure) Rule 2009
2. African Charter on Human and People’s Rights
3. Inherent Jurisdiction of this Honourable Court
TAKE NOTICE that the High Court of Ota, Ogun State will be moved on ……….day of ……..20… or so soon thereafter as counsel can be heard on behalf of the Applicant for an order for the enforcement of fundamental rights to freedom from inhuman and degrading treatment, Human Dignity, Fair Hearing and Freedom from Discrimination.
AND TAKE FURTHER NOTICE that on the hearing of this application the said Applicant will use the affidavit and the exhibits therein referred to.
Dated this …………… day of ……………, 2012.
……………………………….
Robert Igbinedion Esq.
Applicants Solicitors
Salus Populi Chambers
Suite 209, Uche Agboola Plaza,
11, Olorunlogbon Street,
Anthony Village, Lagos
Tel: 08035016239
Email: [email protected]
FOR SERVICE ON:
The Respondent
Faith Tabernacle
Canaanland,
Ota, Ogun State.
IN THE OGUN STATE HIGH COURT
IN THE ABEOKUTA JUDICIAL DIVISION
HOLD AT ABEOKUTA
Suit No. ……………………..
IN THE MATTER OF AN APPLICATION BY BARRISTER ROBERT IGBINEDION FOR THE ENFORCEMENT OF FUNDAMENTAL RIGHT TO FAIR HEARING, FREEDOM FROM DISCRIMINATION AND HUMAN DIGNITY
BETWEEN
2. Barrister Robert Igbinedion Applicant
AND
3. Bishop David Oyedepo
4. Living Faith Christian Church Respondents
AFFIDAVIT IN SUPPORT OF MOTION ON NOTICE
I, Robert Omose Igbinedion, Legal Practitioner, Christian, Nigeria Citizen of No 11, Olorunlogbon Street, Anthony Village, Lagos, hereby make oath and states as follows:
1. That I am the Applicant herein and thereby conversant with the fact of this case.
2. That I bring this action on behalf of ‘Miss justice’ a poor Nigerian girl victim of assault, intimidation, oppression and discrimination from the Respondents.
3. The ‘Miss Justice’ attended the Respondent’s service and while the service was going on the 1st Respondent made on illegal call for witches in the church to come out.
4. The ‘Miss Justice’ was among the victims that answered the illegal alter call and while she was trying to explain herself the 1 Respondent gave her a dirty and thundering slap.
5. That the 1st Respondent is rich, able bodied, healthy and well fed man.
6. That the poor Nigerian girl is a sickly young, disadvantaged, vulnerable girl.
7. That the physical attack by the Respondent was viewed by Tens of Thousands on that day and millions around the world and the video is still circulating around the web till date.
8. That while the Respondent made the alter call for witches to come out, he did not make a similar call for other categories of sinners like illicit drug dealers, contract inflators, fraudsters, adulterers and fornicators in the church.
9. That as a lawyer I have handled cases of violence in the place of worship which if not cut in the bud can escalate into uncountable dimensions.
10. That despite severe awe at the action of the 1st Respondent from around the world, he was recalcitrant and even he threatened to slap again if given the opportunity.
11. That the 1st Respondent was protected by bodyguards from physical harm because he can afford it while he doled out harm on that faithful day without remorse.
12. That I make this Affidavit in good faith and in the interest of Justice in accordance with the oath Laws.
Date this ………………day of …………………..2012.
Deponent
SWORN TO AT THE FEDERAL
HIGH COURT OF REGISTRY, OTA, OGUN STATE.
BEFORE ME
COMMISSIONER FOR OATH
IN THE OGUN STATE HIGH COURT
IN THE OTA JUDICIAL DIVISION
HOLD AT OTA
Suit No. ……………………………..
IN THE MATTER OF AN APPLICATION BY BARRISTER ROBERT IGBINEDION FOR THE ENFORCEMENT OF FUNDAMENTAL RIGHT TO FAIR HEARING, FREEDOM FROM DISCRIMINATION AND HUMAN DIGNITY
BETWEEN
1. Barrister Robert Igbinedion Applicant
AND
1. Bishop David Oyedepo
2. Living Faith Church Int’l Respondents
AFFIDAVIT OF URGENCY
I, Robert Omose Igbinedion, Male, Christian, Legal Practitioner, Nigeria Citizen of No 11, Olorunlogbon Street, Anthony Village, Lagos hereby depose on oath as states as follows:
1. That I am the Applicant herein and thereby conversant with the fact of this case.
2. That the issue in this case are such that the right of ‘Miss Justice’ the victim will be jeopardized except this action is given all the urgency it can get
3. That I make this Affidavit in good faith and in accordance with the oath Act.
Date this ………………day of …………………..2011
Deponent
SWORN TO AT THE OGUN STATE
HIGH COURT REGISTRY, OTA
BEFORE ME
COMMISSIONER FOR OATH
IN THE OGUN STATE HIGH COURT
IN THE OTA JUDICIAL DIVISION
HOLD AT OTA
Suit No. ……………………..
IN THE MATTER OF AN APPLICATION BY BARRISTER ROBERT IGBINEDION FOR THE ENFORCEMENT OF FUNDAMENTAL RIGHT TO FAIR HEARING, FREEDOM FROM DISCRIMINATION AND HUMAN DIGNITY
BETWEEN
1. Barrister Robert Igbinedion Applicant
AND
1. Bishop David Oyedepo
2. Living Faith Church Int’l Respondents
VERIFYING AFFIDAVIT
I, Robert Omose Igbinedion, Male Christian, Legal Practitioner, Nigeria Citizen of No 11, Olorunlogbon Street, Anthony Village, Lagos hereby depose on oath as states as follows:
1. That I am the Applicant herein and thereby conversant with the fact of this case.
2. That I hereby verify all fact present by in the statement as true and correct to the best of my knowledge.
3. That I make this Affidavit in good faith and in accordance with the oath Act.
Date this ………………day of …………………..2011
Deponent
SWORN TO AT THE FEDERAL
HIGH COURT OF IKOYI, LAGOS
BEFORE ME
COMMISSIONER FOR OATH
IN THE OGUN STATE HIGH COURT
IN THE OTA JUDICIAL DIVISION
HOLD AT OTA
Suit No. ……………………..
IN THE MATTER OF AN APPLICATION BY BARRISTER ROBERT IGBINEDION FOR THE ENFORCEMENT OF FUNDAMENTAL RIGHT TO FAIR HEARING, FREEDOM FROM DISCRIMINATION AND HUMAN DIGNITY
BETWEEN
3. Barrister Robert Igbinedion Applicant
AND
5. Bishop David Oyedepo
6. Living Faith Christian Church Respondents
STATEMENT
NAME AND DESCRIPTION OF THE APPLICANT
The Applicant is a Legal Practitioner of No. 11 Olorunlogbon Street Anthony Village, Lagos. And has brought the action in favour ‘ Miss Justice’ a poor Nigerian girl and victim of an oppressive system.
RELIEFS SOUGHT BY THE APPLICANT
1. A DECLARATION that the slapping of the poor Nigerian girl by the 1st Respondent is a violation of her right to human dignity and freedom from torture, inhuman and degrading treatment as enshrined in Section 34 of the Constitution of Federal Republic of Nigeria 1999, African Charter on Human and People’s Right and United Nation’s Universal Declaration on Human Right and therefore illegal and wrongful.
2. A Declaration that the calling out of Miss justice and others as witches is illegal, unconstitutional and a breach of Section 34 of the Constitution of Federal Republic of Nigeria 1999, African Charter on Human and People’s Right and United Nation’s Universal Declaration on Human Right and therefore illegal and wrongful.
3. A DECLARATION that the slapping of the poor Nigerian girl by the 1st Respondent is a violation of her right to fair hearing as enshrined in Section 36 of the 1999 Constitution of Federal Republic of Nigeria , African Charter on Human and People’s Right and United Nation’s Universal Declaration on Human Rights.
4. A DECLARATION that the publishing of the Attack on ‘Miss Justice’ by the Respondents is a violation of Chapter 1V of the 1999 Constitution of Federal Republic of Nigeria , African Charter on Human and People’s Right and United Nation’s Universal Declaration on Human Rights
5. An Award of Two Billion Naira (N2,000,000,000.00) as general and exemplary damages jointly and severally against the 1st and 2nd Respondents
6. AN ORDER compelling the 1st and 2nd Respondents to make a similar alter call for illicit drug dealers, Fraudsters, corrupt government officials, bribe giving contractors and other category of sinners who are members of the church.
7. AN ORDER that the Respondents issue a public apology written and signed by the 1st Respondent to be published in two National daily newspapers and one international satellite television station.
8. AN ORDER that the Respondents pay the cost of this action.
And such further order or orders as this Honourable Court may deem fit to make in the circumstance.
GROUNDS UPON WHICH APPLICATION IS BROUGHT
1. The Respondents made an illegal alter call for witches to come out which was answered by ‘Miss Justice’ the poor Nigerian girl to the viewing Tens of Thousands worshipers and millions in Nigeria and around the world in contravention of Section 34 of the 1999 Constitution.
2. That the attack, bravado and show of shame exhibited by the 1st Respondent on the day of the Slapping and subsequent reference to the matter served only for entertainment Jamboree of the 1st and 2nd Respondents.
3. That the slapping of the girl by the 1st Respondent is a violation of Section 34 & 36 of the 1999 Constitution of Federal Republic of Nigerian and The African Charter on Human and people’s Right.
4. That the 1st and 2nd Respondents are extremely powerful and wealthy with assets running into Billions of Naira.
5. That the poor Nigerian girl is defenseless, gullible, poor vulnerable and unable to fight for herself.
6. That the 1st Respondent condemned the girl to die in hell and called her a devil in breach of the 1999 Constitution of Federal Republic of Nigeria and The African Charter on Human and people’s Rights.
7. The action of the 1st Respondent constitutes a crime under the Criminal Code law.
Dated this …………… day of ………………., 2012.
……………………………….
Robert Igbinedion Esq.
Applicant’s Solicitors
Salus Populi Chambers
Suite 209, Uche Agboola Plaza,
11, Olorunlogbon Street,
Anthony Village, Lagos
Tel: 08035016239
Email: [email protected]
FOR SERVICE ON:
The Respondent
Faith Tabanacle
Canaanland,
Ota, Ogun State.
IN THE OGUN STATE HIGH COURT
IN THE OTA JUDICIAL DIVISION
HOLD AT OTA
Suit No. ……………………..
IN THE MATTER OF AN APPLICATION BY BARRISTER ROBERT IGBINEDION FOR THE ENFORCEMENT OF FUNDAMENTAL RIGHT TO FAIR HEARING, FREEDOM FROM DISCRIMINATION AND HUMAN DIGNITY
BETWEEN
4. Barrister Robert Igbinedion Applicant
AND
7. Bishop David Oyedepo
8. Living Faith Christian Church Int’l Respondents
WRITTEN ADDRESS
INTRODUCTION;
This Motion on Notice is brought pursuant to Order 1 rule 2 of the Fundamental Right(Enforcement Procedure) rule 2009 and under the inherent jurisdiction of this honourable court, seeking the following reliefs;
1. A DECLARATION that the slapping of the poor Nigerian girl by the 1st Respondent is a violation of her right to human dignity and freedom from torture, inhuman and degrading treatment as enshrined in Section 34 of the Constitution of Federal Republic of Nigeria 1999, African Charter on Human and People’s Right and United Nation’s Universal Declaration on Human Right and therefore illegal and wrongful.
2. A Declaration that the calling out of Miss justice and others as witches is illegal, unconstitutional and a breach of Section 34 of the Constitution of Federal Republic of Nigeria 1999, African Charter on Human and People’s Right and United Nation’s Universal Declaration on Human Right and therefore illegal and wrongful.
3. A DECLARATION that the slapping of the poor Nigerian girl by the 1st Respondent is a violation of her right to fair hearing as enshrined in Section 36 of the 1999 Constitution of Federal Republic of Nigeria , African Charter on Human and People’s Right and United Nation’s Universal Declaration on Human Rights.
4. A DECLARATION that the publishing of the Attack on ‘Miss Justice’ by the Respondents is a violation of Chapter 1V of the 1999 Constitution of Federal Republic of Nigeria , African Charter on Human and People’s Right and United Nation’s Universal Declaration on Human Rights
5. An Award of Two Billion Naira (N2,000,000,000.00) as general and exemplary, punitive damages jointly and severally against the 1st and 2nd Respondents
6. AN ORDER compelling the 1st and 2nd Respondents to make a similar alter call for illicit drug dealers, Fraudsters, corrupt government officials, bribe giving contractors and other category of sinners.
7. AN ORDER that the Respondents issue a public apology written and signed by the 1st Respondent to be published in two National daily newspapers and one international satellite television station.
8. AN ORDER that the Respondents pay the cost of this action.
And such further order or orders as this Honourable Court may deem fit to make in the circumstance.
ISSUES FOR DETERMINATION
1. Whether the Applicant has properly brought the presentation before this Honourable Court?
2. Whether the slapping of the poor Nigerian girl by the 1st respondent is a violation of her Fundamental Rights as enshrined in Chapter IV of 1999 Constitution, Africa and Charter of Human and People’s Rights and United Nation declaration of Human Rights?
Issue (1)
The Applicant will rely on the preamble to the Fundamental Rights Enforcement Procedure Rules 2009.
PREP RULE 2009
Preamble
3d. The Court shall proactively pursue enhanced access to justice for all classes of litigants, especially the poor, the illiterate, the uninformed, the vulnerable, the incarcerated and the unrepresented.
3e. “The Court shall encourage and welcome public interest litigation in the human rights field and no human rights case may be dismissed or struck out for want of locus stendi. In particular, human rights activities, advocates or groups as well any non-govenrmental organisations, may institute application on behalf of any potential applicant, in human right litigation, the applicant may include any of the following”.
i) Anyone acting in his own interests
ii) Anyone acting on behalf of another person”.
We rely further on the case of A.G Lagos V.A.G Federation (2005) I MJSC Page 15 Ratio 16
“A legal right is a right cognizable in law, it means a right recognized by law and capable of being enforced by the Plaintiff. It is a right of a party recognized by and protected by law, the violation of which would be legal wrong done to the interest of the Plaintiff, even though no action is taken’’
In Fawehinmi Vs The President (2008) 23 WRN 65 Per Aboki JCA held inter Alia.
functions”
“…. It can best be achieved by permitting any person to put the judicial machinery in motion in Nigeria whereby any citizen could bring an action in respect of a public derelict. Thus, the requirement of Locus Standi becomes unnecessary in constitutional issues as it will merely impede judicial
We humbly urge this Honourable Court to hold that the applicant has properly brought this action on behalf of the poor Nigeria girl..
Issue 2
Whether the action of the respondent against “Miss Justice” is a violation of her fundamental as enshrined in Chapter IV of the 1999 Constitution of Nigeria, African Charter on Human and People’s Right and Universal Declaration on Human Right of United Nations Relating.
We rely of fundamental right enforcement procedure rules (2009) preamble 3(d) States
3d. The Court shall proactively pursue enhanced access to justice for all classes of litigants, especially the poor, the illiterate, the uninformed, the vulnerable, the incarcerated and the unrepresented.
My lord, the Supreme Court held in Chief Chief(Mrs.) Olufunmilayo Ransom – Kuti & Ors Vs. Attorney – General Federation (1985) 5 NWLR P=10) at 211 at 229-230 were Eso J.S.C. Examined, the nature Fundamental Rights as follows.
“This is no doubt a right guaranteed to everyone including the appellants by the constitution. But what is the nature of a Fundamental Right? It is a right which stands above the ordinary laws of the land and which in fact is antecedent to the political society itself. It is a primary condition to a civilized existence and what has been done by our constitution.
On burden of proof on infringement of fundamental right in once a citizen has shown that any of his fundamental rights has been infringed, the burden is on the infringing body or authority or person to establish that the denial of the right was justified by law. See Director of SSS V OLISA AGBAKOBA(1993)3NWLR PT 595 314 at 339 Ratio 16
On issue of damages the primary object of an award of damages is to compensate the plaintiff victim for harm done to him, the secondary object is to punish the defendant for his conduct in inflicting harm on a plaintiff-victim particularly when the defendant’s conduct is sufficiently outrageous to merit punishment such as in this case it discloses malice, vendetta, cruelty, insolence, oppression and flagrant disregard to law and humanity. See ELIOCHIN NIGERIA LIMITED Vs MBADIWE (1986)1 NWLR PT 14 47section 49 ratio 5-6
See also F R A Williams Daily Time of Nigeria SC 21/1987
We rely further on the celebrated case of Ojukwu Vs Gov. of Lagos (1986)1NWLR PT 18 550-694 at 623 ratio 24
where the Supreme Court upheld the award of Examplary damages as punitive measure to deter a reckless Defendant from further recklessness and bring him under the law of the land.
CONCLUSION
My lord, the ship of our social, historical and legal development is on the move, it berths once lifetime on each of every of our harbor, it has berthed on yours with this case, like the ship what cargo we load will depend on the direction she will navigate. The instant case is a case of glaring oppression, abusive of power, cannibalism, totalitarianism and social Darwinism all these will not lead our country to the enviable height we all many at times dream about for our self and children yet unborn.
I urge you to seize this opportunity and load a cargo of justice, fare play, egalitarianism on this ship and she will move in the right direction, a direction we can proudly hand over to our children and generation yet unborn.
I humbly urge this court to grant all the reliefs sought.
Dated this …………… day of ………………., 2012.
……………………………….
Robert Igbinedion Esq.
Applicants Solicitors
Salus Populi Chambers
Suite 209, Uche Agboola Plaza,
11, Olorunlogbon Street,
Anthony Village, Lagos
Tel: 08035016239
Email: [email protected]
FOR SERVICE ON:
The Respondent
Faith Tabanacle
Canaanland,
Ota, Ogun State.
LIST OF AUTHORITIES
1. A.G Lagos V.A.G Federation (2005) I MJSC Page 15 Ratio 16
2. Fawehinmi Vs The President (2008) 23 WRN 65
3. Chief(Mrs.) Olufunmilayo Ransom – Kuti & Ors Vs. Attorney – General Federation (1985) 5 NWLR P=10) at 211 at 229-230
4. ELIOCHIN NIGERIA LIMITED Vs MBADIWE (1986)1 NWLR PT 14
5. Director of SSS V OLISA AGBAKOBA(1993)3NWLR PT 595 314 at 339
6. F R A Williams Daily Time of Nigeria SC 21/1987
7. Ojukwu Vs Gov. of Lagos(1986)1NWLR PT 18 550-694
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