Ebonyi State Government dragged to Court over legitimacy of Ebubeagu

The Incorporated Trustees of Patriotic Youth Organization and Engr Solomon Ukpai, have dragged the president of the Federal Republic Of Nigeria and others to court over the establishment of Ebubeagu Security Agency by the Government of Ebonyi State.

 

Lawyer to the Plaintiffs, Nkemakolam Okoro Esq, is asking the court to determine whether the Government of Ebonyi State has the constitutional powers to create Ebubeagu Security Agency, in Ebonyi State, the South East of the Federal Republic of Nigeria.

 

The first plaintiff alleged that the lives of its members and innocent members of the public in Ebonyi State are persistently threatened and harassed on daily basis by the Ebubeagu security.

 

In the suit filed by the plaintiffs counsel with SUIT NO: FHC/ABJ/CS/114/2022, other Defendants in the suit include; National Security Adviser, Attorney General Of The Federation, Inspector General Of Police, Department Of State Security Services, Attorney General Of Ebonyi State, House Of Assembly Of Ebonyi State.

 

The plaintiffs by this action further want the court to declare that the Ebonyi State House of Assembly, has no Legislative competence, and constitutional powers whatsoever, to legislate or make any law, creating Ebubeagu Security Agency, in Ebonyi State, the South East of the Federal Republic of Nigeria.



The plaintiff is asking the court to grant the following reliefs:

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A DECLARATION, that by the combined provisions of sections 5(1,2&3a), 214, items 2,38,45 and 68 of the Second Schedule Part 1, of the Constitution of the Federal Republic of Nigeria 1999, as amended, the Government of Ebonyi State, has no constitutional powers whatsoever, to create Ebubeagu Security Agency, under any guise whatsoever in Ebonyi State, of the Southeast of the Federal Republic of Nigeria.

 

A DECLARATION, that by the combined provisions of sections 4(1,2,3,5,6&7), items 2,38,45 and 68 of the Second Schedule Part 1, of the Constitution of the Federal Republic of Nigeria 1999, as amended, the Ebonyi State House of Assembly, has no Legislative competence, and constitutional powers whatsoever, to legislate or make any law, creating Ebubeagu Security Agency, in Ebonyi State, the South East of the Federal Republic of Nigeria.

 

A DECLARATION, that by the combined provisions of sections 4(1,2,3,5,6&7), items 2,38, 45 and 68 of the Second Schedule Part 1, of the Constitution of the Federal Republic of Nigeria 1999, as amended, any issue pertaining to arms and ammunition, army, police and any other government security services established by law, are all within the exclusive legislative competence of the National Assembly of the Federal Republic of Nigeria.

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A DECLARATION that it is within the exclusive preserve of the President of the Federal Government of Nigeria, to maintain and secure public safety and public order, to ensure the detection and prevention of any crime against the internal security of the Federal Republic of Nigeria, using the Nigeria Police Force, the Nigeria Security and Civil Defence Corps, the Department of State Security Services, and the Nigerian Army when necessary pursuant to sections 215(3) items 2,38, and 45 of the Second Schedule Part 1, of the Constitution of the Federal Republic of Nigeria 1999.

 

A Declaration that the creation, setting up, or the establishment of the Ebubeagu Security Agency, in Ebonyi State, the South East of the Federal Republic of Nigeria, by the Government of Ebonyi State, is illegal, unconstitutional, invalid, and ultra vires the executive and legislative powers of the Ebonyi State government.



A DECLARATION that the arming of Ebubeagu Security Agency, in Ebonyi State, the South East of the Federal Republic of Nigeria, with pump-action, riffles, AK47, AK49, machine guns, revolvers and pistols, shotguns, automatic and semi-automatic shotguns, and or any other form of firearms or weapons, by the Ebonyi State Government, without the requisite approvals from the President of the Federal Republic of Nigeria, and the Inspector General of Police, is against the provisions of sections 3 & 4 of the Fire Arms Act, and also contravenes the provisions of item 2, of the Second Schedule Part 1, of the Constitution of the Federal Republic of Nigeria 1999, as amended, and therefore, illegal, unlawful, and unconstitutional.

 

A DECLARATION that the mounting of roadblocks, in the towns, streets, villages and communities in Ebonyi State, and the persistent threats to the lives of innocent members of the public in Ebonyi State, by the Ebubeagu Security Agency, a creation of the Government of Ebonyi State, is illegal, unlawful, and unconstitutional.

 

A DECLARATION that the killing and maiming of indigenes of Ebonyi State, and destructions of properties, by the Ebubeagu Security Agency, a creation of the Government of Ebonyi State, in the South East of the Federal Republic of Nigeria, is illegal, unlawful and unconstitutional.

 

AN ORDER of this Honourable Court, invalidating, nullifying, quashing and setting aside in its entirety, Law No 005 of 2021 titled Ebubeagu Security Agency Law, 2021, enacted by the Ebonyi State House of Assembly, or any executive orders by the government of Ebonyi State, establishing, or creating the Ebubeagu Security Agency, in Ebonyi State, the South East of the Federal Republic of Nigeria, as it is not within the legislative competence of the Ebonyi State House of Assembly, to make any such laws and it is also not within the executive competence of the Government of Ebonyi State to make any such orders establishing a security outfit for the state.

 

AN Order of this Honourable Court, invalidating, nullifying, dissolving, disbanding and setting aside, in its entirety, and with immediate effect, the Ebubeagu Security Agency, in Ebonyi State, the South East of the Federal Republic of Nigeria, for being illegal, unlawful, illegitimate, and unconstitutional.



AN ORDER of injunction restraining the Ebonyi State Government, either by itself or through the Ebonyi State House of Assembly, from sponsoring, using, creating and further establishing by law, any other or further government security outfits in Ebonyi State, as it is not within the powers of Ebonyi State Government in accordance with the provisions of the Constitution of the Federal Republic of Nigeria 1999, as amended.

 

AN ORDER of this Honourable Court, nullifying, invalidating and setting aside in its entirety, all steps taken, decisions reached, and resolutions by the Ebonyi State Government, pursuant to the establishment of the Ebubeagu Security Agency in Ebonyi State, the South East of the Federal Republic of Nigeria.

 

AN ORDER of perpetual injunction restraining the Government of Ebonyi State, or any agency of the government of Ebonyi State, from using the Ebubeagu Security Agency, or any other named security outfit in Ebonyi State, to kill and maim the indigenes of Ebonyi State, and destroy the properties, of the indigenes of Ebonyi State, the South East of the Federal Republic of Nigeria.

 

AN ORDER of injunction restraining the Government of Ebonyi State, or any agency of the government of Ebonyi State, from using the Ebubeagu Security Agency, in Ebonyi State, to mount roadblocks, in the towns, streets, villages and communities in Ebonyi State, and from persistent threats to the lives of innocent members of the public in Ebonyi State, the South East of the Federal Republic of Nigeria.

 

AN ORDER of injunction restraining the Government of Ebonyi State, or any agency of the government of Ebonyi State, from procuring, arms, and also from arming of Ebubeagu Security Agency, or any other further security outfit in Ebonyi State, the South East of the Federal Republic of Nigeria, with pump-action, riffles, AK47, AK49 and or any other form of firearms or weapons, without the prior approval of the President of the Federal Republic of Nigeria and or the Inspector General of Police.

 

AN ORDER of injunction restraining the Nigeria Security Adviser, either by himself, or through his office, or any agent or agencies of the National Securities in Nigeria, from issuing any form of end use licence to Ebonyi State government for the importation of prohibited arms, coordinating, funding, and providing any form of logistic or tactical support to the Ebubeagu Security Agency in Ebonyi State, in contravention of the provisions of the Constitution of the Federal Republic of Nigeria.



AN ORDER of injunction restraining the Inspector General of Police, through the Commission of Police Ebonyi State, or any agent of the Inspector General of Police, from supervising, coordinating, funding, and providing any form of logistic or tactical support to the Ebubeagu Security Agency in Ebonyi State, in contravention of the provisions of the Constitution of the Federal Republic of Nigeria.

 

AN ORDER of injunction restraining the Department of State Security Services, either through the Director-General of State Security Service, or the State Director of Department of State Security Services in Ebonyi State, or any agent of the Department of State Security Service, from supervising, coordinating, funding, and providing any form of logistic or tactical support to the Ebubeagu Security Agency in Ebonyi State, in contravention of the provisions of the Constitution of the Federal Republic of Nigeria.

 

AN ORDER of this Honourable Court, directing the Inspector General of Police, either by itself or through any of its agents, including the Commissioner of Police Ebonyi State, Department of State Security Services, either through the Director-General of State Security Service, or the State Director of Department of State Security Services in Ebonyi State, to arrest and prosecute any member of the Ebubeagu Security Agency, in Ebonyi State, who is found operating as such, after the judgment of this Honourable Court.

 

For such further or other orders as this Honourable Court may deem fit to make in the circumstances of this matter.

 

For the determination of the following questions namely:

Whether by a calm reading and interpretation of the combined provisions of sections 4(1,2,3,5,6&7), 5(1,2&3a), 214, items 2,38, 45 and 68 of the Second Schedule Part 1, of the Constitution of the Federal Republic of Nigeria 1999, as amended, the Ebonyi State Government, can lawfully establish the Ebubeagu Security Agency, in Ebonyi State, the South East of the Federal Republic of Nigeria.

 

Whether by a calm reading and interpretation of the combined provisions of items 2,38, and 45 of the Second Schedule Part 1, of the Constitution of the Federal Republic of Nigeria 1999, as amended, sections 3 and 4 of the Fire Arms Act, the Ebonyi State Government, can lawfully procure arms and ammunition for the Ebubeagu Security Agency, without the requisite permission of the President of the Federal Republic of Nigeria and the Inspector General of Police.

 

The matter filed on the 31st January, 2021 is yet to be assigned to a court.

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