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FORM OF WRIT OF SUMMONS
General Form of Writ of Summons
IN THE FEDERAL HIGH COURT
HOLDEN AT ABUJA.
SUIT NO.:FHC/ABJ/CS/163/2009
BETWEEN:
FESTUS KEYAMO
.PLAINTIFF
AND
1.
HOUSE OF REPRESENTATIVES,
FEDERAL REPUBLIC OF NIGERIA
DEFENDANTS
2.
INSPECTOR-GENERAL OF POLICE
3.
DIRECTOR, STATE SECURITY SERVICES
DEFENDANTS
TO
1.
1ST DEFENDANT, NATIONAL ASSEMBLY,
THREE ARMS ZONE, ABUJA;
2.
2nd DEFENDANT, FORCE HEADQUATERS,
ABUJA.
3.
3RD DEFENDANTS C/O
ATTORNEY-GENERAL OF THE FEDERATION,
FEDERAL
MINISTRY OF JUSTICE, ABUJA.
Of
..
In
the
FEDERAL HIGH COURT ABUJA
..Judicial
Division of
NIGERIA
..
You
are hereby commanded that within eight days after
the service of this Writ on you, inclusive of the
day of such service, you do cause an appearance to
be entered for you in an action at the suit.
PLAINTIFF
Of
.and take notice that
in default of your so doing the plaintiff may
proceed therein, and judgment may be given in your
absence.
DATED this
..day of
..
2009
..
REGISTRAR
Memorandum to be subscribed on the Writ.
N.B. This Writ is to be served within twelve
calendar months from the date thereof, or, if
renewed within six calendar months from the date of
the last renewal, including the day of such date,
and not afterwards.
The
defendants may enter appearance personally or by
legal practitioner either by handing in the
appropriate forms, duly completed, at the Registry
of the Federal High Court of the Judicial Division
in which the action is brought or by sending them to
the registry by registered post.
The plaintiffs claims against
the defendants jointly and severally are as follows:
1.
A
DECLARATION
that by virtue of Section 88 of the 1999
Constitution of the Federal Republic of Nigeria, or
any other extant legislation, the 1st
Defendant is not constitutionally or legally
empowered to investigate criminal allegations and
absolve or indict any individual of those
allegations.
2. A
DECLARATION that the 1st Defendants
Resolution dated 3rd of March, 2009 to
the effect that certain annexures attached to the
Plaintiffs letter dated October 19, 2008 and
addressed to Hon. Dimeji Bankole, are faulty and
baseless, to the extent that it absolves certain of
its principal officers and management from criminal
allegations made against them, and accuses the
Plaintiff of unwholesome conduct, is null, void and
of no effect.
3. A
DECLARATION that by virtue of Section 88 of the
1999 constitution and any other extant law, the 1st
Respondent is not constitutionally or legally
empowered to make recommendations or pass any
resolution concerning the conduct of any person, as
the Plaintiff, who is not charged or intended to be
charged, with the duty of or responsibility for,
(a)
executing or administering laws enacted by the
National Assembly and
(b)
disbursing or administering moneys appropriated or
to be appropriated by the National Assembly.
4. AN
ORDER declaring null and void the Resolution of
the 1st Defendant dated 3rd of
March, 2009 especially as it concerns the conduct of
the Plaintiff
5. AN
ORDER OF INJUNCTION restraining the 2nd
and 3rd Defendants from compulsorily
giving effect to the Resolution of the 1st
Defendant dated 3rd of March, 2009 as it
concerns the Plaintiff.
This writ was issued by
OGHENOVO
O. OTEMU, ESQ.
Whose address for service is
FESTUS KEYAMO CHAMBERS
10 MASERU STREET, OFF HARARE
STREET, WUSE ZONE 6, ABUJA
Legal Practitioner for the said
Plaintiff who reside at10 MASERU STREET, OFF
HARARE STREET, WUSE ZONE 6, ABUJA
...
This Writ was served by me
at
On the defendants (here insert
the mode of service) on the
day of
.2009.
Endorsed the
.day of
.2009
.
(Signed)
.
(Address)
IN THE FEDERAL HIGH COURT
HOLDEN AT
ABUJA
SUIT NO.:FHC/ABJ/CS/163/2009
BETWEEN:
FESTUS KEYAMO
.PLAINTIFF
AND
1.
HOUSE OF REPRESENTATIVES,
FEDERAL REPUBLIC OF NIGERIA
DEFENDANTS
2.
INSPECTOR-GENERAL OF POLICE
3.
DIRECTOR, STATE SECURITY SERVICES
STATEMENT OF CLAIM
1.
The Plaintiff is a
legal practitioner, a very senior member of the Bar
in Nigeria, a social crusader, a critic and
columnist.
2.
The Plaintiff avers that the 1st
Defendant is one of the legislative arms of the
Federal Republic of Nigeria created by Section 47of
the 1999 Constitution.
3.
The Plaintiff avers that the 2nd and 3rd
Defendants are law-enforcement agencies in
Nigeria.
4.
The Plaintiff avers that on 22nd of
September, 2008, a National Magazine,
Newswatch, carried a story titled Dirty
Car deal, which alleged that there were
fraudulent dealings by the leadership and management
of the House of Representatives in the purchase of
380 units of 407 Peugeot cars for its members from
Peugeot Automobile Nigeria Limited. The Plaintiff
shall rely on a copy at the trial of this action.
5.
The Plaintiff avers that more than a month later,
when, in the opinion of the Plaintiff, there was no
satisfactory answer to the said allegations leveled
in the story by the leadership of the House of
Representatives, the Plaintiff wrote a letter
addressed to the Speaker of the House of
Representatives demanding for an open response to
the said allegations. The letter shall be relied on
at the trial of the action.
6.
The Plaintiff avers that the Speaker, instead of
replying the Plaintiff, referred the letter to House
Committee on Ethic and Privileges which he himself
constituted
7.
The Plaintiff avers that he was invited to appear
before the said Committee as a witness which the
Plaintiff did only as a law-abiding citizen.
8.
The Plaintiff avers that the said Committee sat for
several weeks and took several evidence, including
that of the Plaintiff.
9.
The Plaintiff avers that he was not made to confront
any of those accused or was the Plaintiff shown or
confronted with any document which contradicted his
own presentation or documents and was not asked to
explain any discrepancy, if any.
10.
The Plaintiff avers that the said Committee finally
submitted its recommendations in a report which was
not made public.
11.
The Plaintiff avers that on the 3rd day
of March 2009, the 1st Defendant sitting
in Plenary and subsequently in a Committee of the
whole house passed the following Resolutions:
That the committee having found that Mr. Keyamos
letter is faulty and baseless in its allegations,
urge the House to prevail on the inspector-general
of police and/or other relevant security agencies to
investigate how the annexures/documents attached to
Mr. Keyamos letter were obtained.
The Defendant is hereby put on notice to produce the
certified true copy of the Proceedings of the House
of the 3rd day of March 2009. A copy of
said proceedings of the 3rd day of March
2009 is hereby pleaded.
12.
The Plaintiff avers that the reference to Mr.
Keyamo in the said resolution was a reference to
him and he believes that the Resolution of the 1st
Defendants exceeds its powers as prescribed by the
1999 Constitution and other relevant laws and
touches on the credibility of the Plaintiff, hence
this suit.
13.
That the 2nd and 3rd Defendant
are likely to act on the said Resolution under the
mistaken belief that the 1st Defendant
has constitutional powers to prevail on them or
mandate them to investigate any allegation.
WHEREOF the Plaintiffs claims are as follows:
1.
A DECLARATION
that by virtue of Section 88 of the 1999
Constitution of the Federal Republic of Nigeria, or
any other extant legislation, the 1st
Defendant is not constitutionally or legally
empowered to investigate criminal allegations and
absolve or indict any individual of those
allegations.
2. A DECLARATION that the 1st
Defendants Resolution dated 3rd of
March, 2009 to the effect that certain annexures
attached to the Plaintiffs letter dated October 19,
2008 and addressed to Hon. Dimeji Bankole, are
faulty and baseless, to the extent that it absolves
certain of its principal officers and management
from criminal allegations made against them, and
accuses the Plaintiff of unwholesome conduct, is
null, void and of no effect.
3. A DECLARATION that by virtue of Section
88 of the 1999 constitution and any other extant
law, the 1st Respondent is not
constitutionally or legally empowered to make
recommendations or pass any resolution concerning
the conduct of any person, as the Plaintiff, who is
not charged or intended to be charged, with the duty
of or responsibility for,
(a) executing or administering laws
enacted by the National Assembly and
(b) disbursing or administering moneys
appropriated or to be appropriated by the National
Assembly.
4. AN ORDER declaring null and void the
Resolution of the 1st Defendant dated 3rd
of March, 2009 especially as it concerns the conduct
of the Plaintiff
5. AN ORDER OF INJUNCTION restraining the 2nd
and 3rd Defendants from compulsorily
giving effect to the Resolution of the 1st
Defendant dated 3rd of March, 2009 as it
concerns the Plaintiff.
Dated this
.
day of
..
2009
OGHENOVO O. OTEMU, ESQ.
FESTUS KEYAMO
CHAMBERS,
NO.10,
MASERU STREET,
OFF
HARARE STREET,
NEAR OLD NITEL,
ZONE 6, WUSE,
ABUJA.
08033371229,
08023388080
ON NOTICE TO:
1.
1st Defendant.
Federal House of Representative,
National Assembly,
Three Arms Zone,
Abuja.
2.
2nd Defendant.
Force Headquarters,
Louis Edet House,
Abuja.
3.
3rd Defendant.
SSS Headquarters,
Aso Drive, Asokoro,
Abuja.
IN THE FEDERAL HIGH COURT
HOLDEN AT
ABUJA
SUIT NO.:FHC/ABJ/CS/163/2009
BETWEEN:
FESTUS KEYAMO
.PLAINTIFF/APPLICANT
AND
1.
HOUSE OF REPRESENTATIVES,
FEDERAL REPUBLIC OF NIGERIA
DEFENDANTS
2.
INSPECTOR-GENERAL OF POLICE
3.
DIRECTOR, STATE SECURITY SERVICES
MOTION ON NOTICE
BROUGHT PURSUANT TO:
1.
ORDER 9, ORDER 34 RULE 1 OF THE FEDERAL HIGH COURT
(CIVIL PROCEDURE) RULES, 2000.
2.
INHERENT JURISDICTION OF THIS HONOURABLE COURT.
TAKE NOTICE
that this Honourable court will be moved on
the----------------Day of-----------------2009 at
the hour of
.in the forenoon or so soon
thereafter as counsel may be heard on behalf of the
Plaintiff/Applicant praying for the following
reliefs:
I.
AN ORDER OF INTERLOCUTORY INJUCTION
restraining the 2nd and 3rd
Defendants from compulsorily giving effect to the
Resolution of the 1st Defendant dated 3rd
of March, 2009 as it concerns the Plaintiff pending
the hearing and determination of the substantive
suit.
II.
SUCH FURTHER
or other Orders as this Honorable Court may deem fit
to make in the circumstances of this case.
DATED this
...day of
.
.2009.
OGHENOVO O. OTEMU, ESQ.
FESTUS KEYAMO CHAMBERS
10 MASERU STREET,
OFF HARARE STREET,
WUSE ZONE 6, ABUJA, NIGERIA
08033371229; 08023388080; 08055028515.
ON NOTICE TO:
1.
1st Defendant.
Federal House of Representative,
National Assembly,
Three Arms Zone,
Abuja.
2.
2nd Defendant.
Force Headquarters,
Louis Edet House,
Abuja.
3.
3rd Defendant.
SSS Headquarters,
Aso Drive, Asokoro,
Abuja.
IN THE FEDERAL HIGH COURT
HOLDEN AT
ABUJA
SUIT NO.:FHC/ABJ/CS/163/2009
BETWEEN:
FESTUS KEYAMO
.PLAINTIFF/APPLICANT
AND
1.
HOUSE OF REPRESENTATIVES,
FEDERAL REPUBLIC OF NIGERIA
DEFENDANTS
2.
INSPECTOR-GENERAL OF POLICE
3.
DIRECTOR, STATE SECURITY SERVICES
AFFIDAVIT IN SUPPORT
I, Festus Keyamo, male, Nigerian Citizen,
Legal Practitioner of No.10,
Maseru Street,
Off Harare Street, Near Old NITEL, Wuse Zone 6,
Abuja, do hereby make oath and state as follows:
1.
That I am a legal practitioner, a very senior member
of the Bar in Nigeria, a social crusader, critic and
columnist.
2.
That the 1st Defendant is one of the
legislative arms of the Federal Republic of Nigeria
created by Section 47of the 1999 Constitution.
3.
That the 1st and 2nd
Defendants are law-enforcement agencies in
Nigeria.
4.
That on
the 22nd of September, 2008,
a National Magazine, Newswatch carried a story
titled Dirty Car deal. A copy of the
newspaper is annexed and marked Exhibit A.
5.
That more than a month later, when, in the opinion
of the Plaintiff, there was no satisfactory answer
to the said allegations leveled in the story by the
leadership of the House of Representatives, the
Plaintiff wrote a letter addressed to the Speaker of
the House of Representatives demanding for an open
response to the said allegations. The letter is
attached as Exhibit B.
6.
That the Speaker, instead of replying the Plaintiff,
referred the letter to House Committee on Ethic and
Privileges which he himself constituted.
7.
That the Plaintiff was invited to appear before the
said Committee as a witness which the Plaintiff did
only as a law-abiding citizen.
8.
That the said Committee sat for several weeks and
took several evidence, including that of the
Plaintiff.
9.
That the Plaintiff was not made to confront any of
those accused or was the Plaintiff shown or
confronted with any documents which contradicted his
own presentation or documents.
10.
That the said Committee finally submitted its
recommendations in a report which was not made
public.
11.
That on the 3rd day of March 2009, the 1st
Defendant sitting in Plenary and subsequently in a
Committee of the whole house passed the following
Resolutions: That the committee having
found that Mr. Keyamos letter is faulty and
baseless in its allegations, urge the House to
prevail on the inspector-general of police and/or
other relevant security agencies to investigate how
the annexures/documents attached to Mr. Keyamos
letter were obtained. A copy of the said
proceedings of the 3rd day of March 2009
is annexed as Exhibit C.
12.
That the Plaintiff believes that the Resolution of
the 1st Defendants exceeds its powers as
prescribed by the 1999 Constitution and other
relevant laws and touches on the credibility of the
Plaintiff.
13.
That if not restrained, the 2nd and 3rd
Defendant may think that they are under compulsion
as a result of the Resolution of the 1st
Defendant, hence the need for this injunction.
14.
That the Defendants will not be prejudice if this
application is granted.
15.
That I swear to the affidavit in good faith.
DEPONENT
Sworn to at the Federal High Court Registry, Abuja
this
..
..day of
..2009
BEFORE ME
COMMISSIONER FOR OATHS
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