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US-based Nigerian lawyer drags FG to court over plan to revoke his Nigerian passport

An international human rights lawyer, Emmanuel Ogebe, has dragged the Federal Government to court, challenging the Nigerian embassy’s plan to revoke his Nigerian passport.

His action followed the discovery of a memo from the country’s embassy in Washington, United States of America (USA), seeking to revoke the passport of Mr Ogebe for testifying about Nigeria in the US Congress.

In a statement made available to journalists in Abuja on Saturday, the human rights lawyer said the case which is before Hon Justice Taiwo in Court 10 of the Federal High Court, would hold at about 9am.

Please find attached relevant court processes and exhibits filed in the action.

IN THE FEDERAL HIGH COURT OF NIGERIA
IN THE ABUJA JUDICIAL DIVISION
HOLDEN AT ABUJA

SUIT NO: FHC/ABJ/CS/ /2019

IN THE MATTER OF AN APPLICATION BY MR EMMANUEL OGEBE FOR THE ENFORCEMENT OF HIS FUNDAMENTAL RIGHT TO PERSONAL LIBERTY, RIGHT TO FREEDOM OF MOVEMENT AND RIGHT TO THE DIGNITY OF THE HUMAN PERSON RESPECTIVELY.

IN THE MATTER OF AN APPLICATION BROUGHT PURSUANT TO SECTIONS 35, 36, 39, 40, 41 AND 46 (1) & (2) OF THE CONSTITUTION OF THE FEDERAL REPUBLIC OF NIGERIA, 1999(AS AMENDED) AND ARTICLES 2, 4, 5, 6, 9, 11 AND 12 OF THE AFRICAN CHARTER ON HUMAN AND PEOPLES RIGHTS (RATIFICATION AND ENFORCEMENT) ACT LFN 2010 AND ORDER 11, ORDER X1 AND X11 OF THE FUNDAMENTAL RIGHTS (ENFORCEMENT PROCEDURE) RULES, 2009.

BETWEEN:

1. MR EMMANUEL OGEBE, ESQ ​​APPLICANT

AND

1. FEDERAL GOVERNMENT OF NIGERIA
2. MINISTRY OF FOREIGN AFFAIRS ​​RESPONDENTS
3. ATTORNEY GENERAL OF THE FEDERATION

ORIGINATING MOTION-ON-NOTICE

BROUGHT PURSUANT TO ORDER 1, RULES 2,3,4 AND 5 OF THE FUNDAMENTAL RIGHTS(ENFORCEMENT PROCEDURE)RULES 2009 AND SECTIONS 35, 36,39, 40, 41 AND 46 (1) & (2) OF THE CONSTITUTION OF THE FEDERAL REPUBLIC OF NIGERIA, 1999(AS AMENDED) AND ARTICLES 2,4, 5, 6, 9, 11 AND 12 OF THE AFRICAN CHARTER ON HUMAN AND PEOPLES RIGHTS(RATIFICATION AND ENFORCEMENT)ACT LFN, 2010 AND ORDER 11, ORDER X1 AND X11 OF THE FUNDAMENTAL RIGHTS (ENFORCEMENT PROCEDURE) RULES, 2009

TAKE NOTICE that this Honourable Court will be moved on the—————day of ————–, 2019 at the hour of 9 O’clock in the forenoon or so soon thereafter as Counsel may be heard on behalf of the Applicant for the following reliefs:

1. A DECLARATION that the planned revocation of the Applicant’s Nigerian Passport with the sole aim of punishing and “preventing him from making further derogatory comments that are inimical to the image of Nigeria” and “Mr. President” by agents of the Respondents is a violation of the Applicant’s right to freedom of expression and the press, freedom of association, freedom of assembly, personal liberty and right to freedom of movement as guaranteed by Sections 39,40,35,37,38, 40 and 41 of the Constitution of the Federal Republic of Nigeria, 1999 (as amended) and Articles 2,4,6,7, 9 (2),10 and 12 of the African Charter on Human and Peoples’ Rights (Ratification and Enforcement) Act.
2. A DECLARATION that “Exhibit OGEBE 2” attached hereto was authored in bad-faith, malicious, ill-conceived and an outright abuse of office aimed atpersecuting, and stopping the activism of the Applicant in violation of Sections 39 of the Constitution of the Federal Republic of Nigeria, 1999 (as amended), Articles 2, 4, 7, 9 (2), and 12 of the African Charter on Human and Peoples’ Rights (Ratification and Enforcement) Act, Article 19 of Universal Declaration of Human Rights, 1949, Article 19 of International Covenant on Civil and Political Rights (ICCPR), International Covenant on Economic, Social and Cultural Rights (ICESCR), International Convention on the Elimination of All Forms of Racial Discrimination (ICERD), Convention on the Elimination of All Forms of Discrimination against Women, Declaration of principles on freedom of expression in Africa, General Comment 10 [19] (Article 19) of the Human Rights Committee (CCPR/C/21/Rev.1 of 19 May 1989), General Comment 11 [19] (Article 20) of the Human Rights Committee (CCPR/C/21/Rev.1 of 19 May 1989), The public’s right to know: Principles on Freedom of Information Legislation. Annex II Report E/CN.4/2000/63

3. AN ORDER OF PERPETUAL INJUNCTION restraining the Respondents either through themselves, servants, privies or agents from violating the Applicant’s fundamental right in any manner whatsoever and howsoever without lawful justification.

4. ANY OTHER ORDER (S) this Honourable Court may deem fit to make in the circumstance (s) of this case.

DATED THIS _____________________ DAY OF ______________________, 2019

​​​​​​​_______________________
FEMI FALANA, SAN
FUNMI FALANA, MRS.
DEJI MORAKINYO, ESQ
FEMI ADEDEJI, ESQ
MARSHAL ABUBAKAR, ESQ,
DAVID UBONG, ESQ
WASHIMA IORNDER(MISS)
FALANA & FALANA’S CHAMBERS,
APPLICANTS’ COUNSEL,
FALANA & FALANA’S CHAMBERS,
22, MEDITERRENEAN STREET,
IMANI ESTATE, MAITAMA, ABUJA.
081-36-57-09-94
fflitigationabj@gmail.com

FOR SERVICE ON:
1. THE 1STAND 3RD RESPONDENTS
OFFICE OF THE ATTORNEY-GENERAL OF THE FEDERATION,
FEDERAL MINISTRY OF JUSTICE,
ABUJA.

2. THE 2ND RESPONDENT
MINISTER OF FOREIGN AFFAIRS,
FEDERAL MINISTRY OF FOREIGN AFFAIRS,
ABUJA.

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