February 22, 2010
Following the expiration of the ultimatum given by Festus Keyamo to the senate president to constitute a team of medical doctors to ascertain the health status of the president which may lead to his possible removal under section 144 of the 1999 constitution, he has commenced court processes filed on Monday 22/02/2010 (Suit no. FHC/abj/cs/126/2010), seeking to compel the senate president to so do.
IN THE FEDERAL HIGH COURT
HOLDEN AT ABUJA
SUIT NO. FHC/ABJ/CS/126/2010
BETWEEN:
FESTUS KEYAMO …………………………..…………………PLAINTIFF
AND
1. PRESIDENT OF THE SENATE
2. EXECUTIVE COUNCIL OF THE FEDERATION ……………DEFENDANTS
3. ATTORNEY-GENERAL OF THE FEDERATION
ORIGINATING SUMMONS
BROUGHT UNDER:
1. ORDER 3 RULE 6 & 9 OF THE FEDERAL HIGH COURT, (CIVIL PROCEDURE) RULES, 2004.
2. INHERENT JURISDICTION OF THIS HONOURABLE COURT
LET THE DEFENDANTS (President of the Senate, Executive Council of the Federation and Attorney-General of the Federation) of c/o Federal Ministry of Justice, Abuja (for 2nd & 3rd Defendants) and National Assembly Complex, Three Arm Zone, Abuja (for 1st Defendant) within thirty days after service of this summons on them, inclusive of the day of such service, cause an appearance to be entered for them to this summons which is issued upon the application of FESTUS KEYAMO of Festus Keyamo Chambers of 13 Nouakchott Street, Near Bank PHB, Wuse Zone 1, Abuja, who claims to be interested in the following reliefs:
(1) A DETERMINATION of the question whether the Executive Council of the Federation (the 2nd Defendant herein) has not wholly or substantially complied with the provisions of Section 144(1)(a) of the Constitution of the Federal Republic of Nigeria, 1999, in its session of Wednesday, February 10, 2010, when its members unanimously accepted the Resolution of both Houses of the National Assembly which acknowledged the incapacity of President Umaru Musa Yar’Adua and mandated Goodluck Jonathan to act as Acting President.
(2) CONSEQUENT UPON RELIEF 1 ABOVE, a determination of the question whether it is not mandatory for the President of the Senate (1st Defendant herein), to immediately appoint a medical panel to verify the health status of President Umaru Musa Yar’Adua in view of the Provisions of Section 144(4) of the Constitution of the Federal Republic of Nigeria, 1999.
(3) A DECLARATION that the Executive Council of the Federation (the 2nd Defendant herein) has wholly or substantially complied with the provisions of Section 144(1)(a) of the Constitution of the Federal Republic of Nigeria, 1999, in its session of Wednesday, February 10, 2010, when its members unanimously accepted the Resolution of both Houses of the National Assembly which acknowledged the incapacity of President Umaru Musa Yar’Adua and mandated Goodluck Jonathan to act as Acting President.
(4) A DECLARATION that consequent upon relief 2 & 3 above, it is mandatory for the President of the Senate (1st Defendant herein), to immediately appoint a medical panel to verify the health status of President Umaru Musa Yar’Adua in view of the Provisions of Section 144(4) of the Constitution of the Federal Republic of Nigeria, 1999.
(5) A MANDATORY ORDER compelling the 1st Defendant (President of the Senate) to immediately appoint a medical panel to verify the health status of President Umaru Musa Yar’Adua pursuant to the provisions of Section 144(4) of the Constitution of the Federal Republic of Nigeria, 1999.
(6) SUCH FURTHER OR OTHER ORDERS as this Honourable Court may deem fit to make in the circumstances of this case.
Dated this …………………………. day of …………………………………….. 2010
FESTUS KEYAMO, ESQ.
FESTUS KEYAMO CHAMBERS,
13, NOUAKCHOTT STREET ,
NEAR BANK PHB,
WUSE ZONE 1, ABUJA .
08033371229, 08023388080
This Summons was taken out by FESTUS KEYAMO, ESQ, legal practitioner for the above-mentioned Plaintiff. The defendants may appear hereunto by entering appearance personally or by a legal practitioner either bby filling the appropriate forms (as in Order 7) in response at the Registrar of the Court where the summons was issued or by sending them to that office by any of the methodsn allowed by these Rules.
NOTE: if the defendants do not respond within the time at the place above mentioned, such orders will be made and proceedings may be taken as the Judge may think just and expedient.
ON NOTICE TO:
1ST DEFENDANT
PRESIDENT OF THE SENATE,
THE SENATE,
NATIONAL ASSEMBLY,
THREE-ARM ZONE,
ABUJA.
2ND & 3RD DEFENDANT
ATTORNEY-GENERAL OF THE FEDERATION,
MINISTRY OF JUSTICE,
ABUJA.
IN THE FEDERAL HIGH COURT
HOLDEN AT ABUJA
SUIT NO. FHC/ABJ/CS/126/2010
BETWEEN:
FESTUS KEYAMO …………………………..…………………PLAINTIFF
AND
1. PRESIDENT OF THE SENATE
2. EXECUTIVE COUNCIL OF THE FEDERATION ……………DEFENDANTS
3. ATTORNEY-GENERAL OF THE FEDERATION
ORIGINATING SUMMONS
BROUGHT UNDER:
1. ORDER 3 RULE 6 & 9 OF THE FEDERAL HIGH COURT, (CIVIL PROCEDURE) RULES, 2004.
2. INHERENT JURISDICTION OF THIS HONOURABLE COURT
LET THE DEFENDANTS (President of the Senate, Executive Council of the Federation and Attorney-General of the Federation) of c/o Federal Ministry of Justice, Abuja (for 2nd & 3rd Defendants) and National Assembly Complex, Three Arm Zone, Abuja (for 1st Defendant) within thirty days after service of this summons on them, inclusive of the day of such service, cause an appearance to be entered for them to this summons which is issued upon the application of FESTUS KEYAMO of Festus Keyamo Chambers of 13 Nouakchott Street, Near Bank PHB, Wuse Zone 1, Abuja, who claims to be interested in the following reliefs:
(1) A DETERMINATION of the question whether the Executive Council of the Federation (the 2nd Defendant herein) has not wholly or substantially complied with the provisions of Section 144(1)(a) of the Constitution of the Federal Republic of Nigeria, 1999, in its session of Wednesday, February 10, 2010, when its members unanimously accepted the Resolution of both Houses of the National Assembly which acknowledged the incapacity of President Umaru Musa Yar’Adua and mandated Goodluck Jonathan to act as Acting President.
(2) CONSEQUENT UPON RELIEF 1 ABOVE, a determination of the question whether it is not mandatory for the President of the Senate (1st Defendant herein), to immediately appoint a medical panel to verify the health status of President Umaru Musa Yar’Adua in view of the Provisions of Section 144(4) of the Constitution of the Federal Republic of Nigeria, 1999.
(3) A DECLARATION that the Executive Council of the Federation (the 2nd Defendant herein) has wholly or substantially complied with the provisions of Section 144(1)(a) of the Constitution of the Federal Republic of Nigeria, 1999, in its session of Wednesday, February 10, 2010, when its members unanimously accepted the Resolution of both Houses of the National Assembly which acknowledged the incapacity of President Umaru Musa Yar’Adua and mandated Goodluck Jonathan to act as Acting President.
(4) A DECLARATION that consequent upon relief 2 & 3 above, it is mandatory for the President of the Senate (1st Defendant herein), to immediately appoint a medical panel to verify the health status of President Umaru Musa Yar’Adua in view of the Provisions of Section 144(4) of the Constitution of the Federal Republic of Nigeria, 1999.
(5) A MANDATORY ORDER compelling the 1st Defendant (President of the Senate) to immediately appoint a medical panel to verify the health status of President Umaru Musa Yar’Adua pursuant to the provisions of Section 144(4) of the Constitution of the Federal Republic of Nigeria, 1999.
(6) SUCH FURTHER OR OTHER ORDERS as this Honourable Court may deem fit to make in the circumstances of this case.
Dated this …………………………. day of …………………………………….. 2010
FESTUS KEYAMO, ESQ.
FESTUS KEYAMO CHAMBERS,
13, NOUAKCHOTT STREET ,
NEAR BANK PHB,
WUSE ZONE 1, ABUJA .
08033371229, 08023388080
This Summons was taken out by FESTUS KEYAMO, ESQ, legal practitioner for the above-mentioned Plaintiff. The defendants may appear hereunto by entering appearance personally or by a legal practitioner either bby filling the appropriate forms (as in Order 7) in response at the Registrar of the Court where the summons was issued or by sending them to that office by any of the methodsn allowed by these Rules.
NOTE: if the defendants do not respond within the time at the place above mentioned, such orders will be made and proceedings may be taken as the Judge may think just and expedient.
ON NOTICE TO:
1ST DEFENDANT
PRESIDENT OF THE SENATE,
THE SENATE,
NATIONAL ASSEMBLY,
THREE-ARM ZONE,
ABUJA.
2ND & 3RD DEFENDANT
ATTORNEY-GENERAL OF THE FEDERATION,
MINISTRY OF JUSTICE,
ABUJA.
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