N440m suit: FG asks court to throw out Nwabueze, Braithwaite case - TopicsExpress



          

N440m suit: FG asks court to throw out Nwabueze, Braithwaite case Print Email Category: News Published on Friday, 07 June 2013 05:00 Written by Nurudeen Oyewole, Lagos Share The Federal Government has asked a Lagos State High Court in Ikeja to dismiss a N440 million suit filed by Prof. Ben Nwabueze, Dr Tunji Braithwaite and 42 others over alleged disruption of their protest against the removal of fuel subsidy in January 19, 2012. The government made the request in two separate applications filed by Attorney General and Minister of Justice Mohammed Adoke and the Nigerian Army. Nwabueze and others had alleged that security operatives had used tear gas to disperse their protests against the removal of fuel subsidy at Alausa, Ikeja on January 19, 2012. Thus, they are asking the court to declare the action as unconstitutional and an infringement on their fundamental human rights as guaranteed by Section 39(1) of the 1999 Constitution. They further asked the court to order the Federal Government to pay each of them N10 million for infringing on their fundamental human rights. Counsel to the Chief of Army Staff and the Nigerian Army, Musa Ibrahim urged the court presided over by Justice Yetunde Idowu to dismiss the suit, saying there is nowhere the right to protest is mentioned under Nigerian constitution. “It is the cardinal principle of our law that one does not read into our legislation or constitution, what has not been provided for by the legislation or constitution,” Ibrahim argued.
Posted on: Sat, 08 Jun 2013 11:34:19 +0000

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