Timi Olagunju v. Nigerian President & 6 Ors

IN THE FEDERAL HIGH COURT OF NIGERIA

IN THE IKEJA-LAGOS JUDICIAL DIVISION

HOLDEN AT LAGOS

SUIT NO: …………………………………

BETWEEN

TIMI OLAGUNJU, ESQ. {………….PLAINTIFF

AND

1. THE PRESIDENT, FEDERAL REPUBLIC OF NIGERIA

2. ATTORNEY-GENERAL OF THE FEDERATION

3. FEDERAL MINISTRY OF COMMUNICATION TECHNOLOGY

4. FEDERAL MINISTRY OF YOUTH DEVELOPMENT {……. DEFENDANTS

5. FEDERAL MINISTRY OF FINANCE

6. FEDERAL MINISTRY OF INFORMATION

7. NATIONAL YOUTH COUNCIL OF NIGERIA

ORIGINATING SUMMONS

BROUGHT PURSUANT TO ORDER 3 RULES 6, 7, & 9 (1) &(2)OF THE FEDERAL

HIGH COURT (CIVIL PROCEDURE) RULES 2009; SECTIONS 1(1) &42 OF THE

CONSTITUTION OF THE FEDERAL REPUBLIC OF NIGERIA, 1999 (AS

AMENDED);ARTICLE 29 (4) of THE AFRICAN CHARTER ON HUMAN AND

PEOPLE’S RIGHTS (RATIFICATION AND ENFORCEMENT) ACT 1983 AND UNDER

THE INHERENT POWERS OF THIS HONOURABLE COURT AS PRESERVED BY

SECTION 6(6)(A) OF THE CONSTITUTION OF THE FEDERAL REPUBLIC OF

NIGERIA 1999 (AS AMENDED).

LET THE 1st DEFENDANTS of the Presidency, Aso Rock Villa, Three Arms Zone, Federal

Capital Territory (FCT), Abuja; the 2nd DEFENDANT of the Federal Ministry of Justice, Shehu

Shagari Way, Central Area, Abuja; the 3rd DEFENDANT of the Federal Communication

Technology, Federal Secretariat Complex, 3rd Floor, B Wing - Phase I, Annex II Shehu Shagari

Way, Abuja ; the 4thDEFENDANT of the Federal Ministry of Youth Development, New Federal

Secretariat Complex, Maitama, Sule, Garki, Abuja; the 5th DEFENDANT of the Federal Ministry

of Finance (Opposite Central Bank), P.M.B. 14, Garki, Abuja; the 6th DEFENDANT of Federal

Ministry of Information, Federal Secretariat, 2nd & 3rd Floors, Shehu Shagari Way, Abuja; the

7th DEFENDANT of the National Youth Council of Nigeria, 4 Ikot Ekpene Close, off Emeka

Anyaokwu street, Area 11 Garki, Abuja in the Abuja Judicial Division within thirty days after

service of this summons, cause an appearance to be entered for them to this summons which is

issued upon the application of the plaintiff, Timi Olagunju, Esq. of 23A, Mike Ichie Ejezie street,

Lekki Phase 1, Lagos who claims:

1. A DECLARATION that by virtue of Section 42 of the Constitution of the

Federal Republic of Nigeria, 1999 (as amended), neither the 1st Defendant nor

the 3rd, 4th, 5th, 6thDefendants can validly convert the You WIN programme

(Youth Enterprise with Innovation in Nigeria) for Nigerian youths into a You

WIN programme (Youth Enterprise with Innovation in Nigeria) exclusively

for women (45 years and below)to the exclusion of all the men.

2. A DECLARATION that the absolute conversion of the You WIN

programme (Youth Enterprise with Innovation in Nigeria) originally for

Nigerian youths (irrespective of gender) into a You WIN programme (Youth

Enterprise with Innovation in Nigeria)absolutely gender based is an

infringement of Section 1(1) of the Constitution of the Federal Republic of

Nigeria 1999 (as amended) and an absolute abuse of power.

3. AN ORDER OF INJUNCTION restraining the 1st, 3rd, 4th, 5th, 6th Defendants

from continued violation of Section 42 of the Constitution of the Federal

Republic of Nigeria 1999 (as amended) in the conduct of the You WIN

programme.

4. AN ORDER mandating the 1st Defendant and/or the 3rd, 4th, 5th, 6thDefendants

to comply with Section 42 of the Constitution of the Federal Republic of

Nigeria, 1999 (as amended) and revert to the original objective of the You

WIN programme (Youth Enterprise with Innovation in Nigeria)for all

Nigerian youths within an age provided for by the Defendants irrespective of

gender, for the determination of the following questions:

1. Whether the 2012 You WIN Programme (Youth Enterprise with Innovation in

Nigeria) for only Women launched by the President of the Federal Republic of

Nigeria on www.youwin.org.ng violates the provision of Section 42 of the OF

THE CONSTITUTION OF THE FEDERAL REPUBLIC OF NIGERIA, 1999

(AS AMENDED), an unfair advantage or privilege onone gender over another

and contradicts the clear objectives of the You WIN programme?

2. Whether the act of the President of the Federal Republic of Nigeria and/or the

3rdto 6th defendants in converting the You WIN National programme for youth

into a programme for only Women constitutes public indiscretion and an

abuse of power contrary to the provisions of Section 1(1) of the OF THE


AMENDED).

Dated this ………………… day of ……………………………….. 2012

_______________________

THE REGISTRAR

TIMI OLAGUNJU, ESQ

http://www.youwin.org.ng/

Counsel to the Plaintiff

Sync Legal,

c/o Bamidele Popoola Esq,

23A, Mike Ichie Ejezie street,

Lekki Phase 1, Lagos.

Tel: 08169011777, 08023797163.

[email protected], [email protected]

This summons was taken out by Timi Olagunju, Esq of Sync Legal of 23A, Mike Ichie Ejezie

street, Lekki Phase 1, Lagos, Legal Practitioners for the above-named Timi Olagunju as Plaintiff.

The defendant may appear hereto by entering personally or by a Legal Practitioner either by

filing the appropriate processes (as in Order 7) in response at the Registry of the Court where the

summons was issued or by sending them to that office by any of the methods allowed by these

Rules. Note: If the Defendants does 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.

ADDRESS FOR SERVICE:

1. PRESIDENT OF THE FEDERAL REPUBLIC OF NIGERIA,

Aso Rock Villa, Three Arms Zone,

FCT, Abuja.

2. FEDERAL MINISTRY OF JUSTICE,

Shehu Shagari Way,

Central Area, Abuja.

mailto:[email protected]


3. FEDERAL MINISTRY OF COMMUNICATION TECHNOLOGY,

Federal Secretariat Complex

3rd Floor, B Wing - Phase I, Annex II

Shehu Shagari Way

4. FEDERAL MINISTRY OF YOUTH DEVELOPMENT,

New Federal Secretariat Complex, Maitama,

Sule, Garki, Abuja

Tel: 09-5235902-7


(Opposite Central Bank)

P.M.B. 14, Garki, Abuja

Tel: 09-2340946; 2340324; 2343783; 2343784

2343786; Fax: 09-2340512


Federal Secretariat, 2nd & 3rd Floors

Abuja Tel: 09-5237183

7. NATIONAL YOUTH COUNCIL OF NIGERIA,

4,Ikot Ekpene Close,

Off Emeka Anyaokwu Street,

Area 11 Garki,

Abuja.



HOLDEN AT LAGOS

SUIT NO: …………………………………

BETWEEN

TIMI OLAGUNJU, ESQ. {…………….PLAINTIFF

AND








AFFIDAVIT IN SUPPORT OF THE ORIGINATING SUMMONS

I, TIMI OLAGUNJU, ESQ. Christian, Nigerian citizen, Legal Practitioner, of Sync Legal, 23A,

Mike Ichie Ejezie street, Lekki Phase 1, Lagos hereby make oath and aver as follows:

1. That I am the plaintiff in the matter and a legal practitioner and a citizen of Nigeria.

2. That as a legal practitioner I am under oath to uphold the Constitution of the Federal

Republic of Nigeria and the rule of law.

3. That I know as a fact that the You WIN(Youth Enterprise with Innovation in Nigeria)

programme is a Federal Government initiative and a National programme with its website

address as www.youwin.org.com.

4. That I know as a fact that You WIN(Youth Enterprise with Innovation in Nigeria)

programme was launched by the President on Tuesday, 11th October, 2011 with the main

objective of attracting ideas and innovations from young entrepreneurial aspirants from

http://www.youwin.org.com/

Universities, Polytechnics, Technical colleges, and other post-Secondary institutions in

Nigeria irrespective of gender (Attached and marked is the text of the objectives of the

said You WIN programme as ‘EXHIBIT You WIN 1’ as published by the You WIN

website on www.youwin.org.ng as at Wednesday, 12th day of September, 2012).

5. That I know as a fact that it has been widely reported in the media that in 2011, the 1st

defendant launched the You WIN originally for all Nigerian youths irrespective of sex

(Attached and marked is the text of the President’s speech on the launching of You WIN

in 2011 as ‘EXHIBIT You WIN 2 as published by an online newspaper

‘www.nigeriafirst.org/article_11501.shtml’ dated, 11 October, 2011).

6. That I know as a fact that the 3rd, 4th, 5th, 6th defendants are the Ministries of the Federal

Government in charge of the (You WIN) Youth Enterprise with Innovation in Nigeria

programme in 2011 and 2012.

7. That the 2nd Defendant is the Chief Law Officer of the Federal Republic of Nigeria

responsible for advising the Government of the Federation including all its agencies on

all legal issues.

8. That I know that as a fact the 1st to the 7th defendants are bound by law and social justice

to ensure that Nigerians; including Nigerian youths, benefits from their administrative

and executive actions, policies and programmes without discrimination; be it on grounds

of gender.

9. That I know as a fact that the defendants can only act or initiate a National action,

programme and policy in line with the Constitution of the Federal Republic of Nigeria.

10. That I know as a fact that the defendants on Monday 3rd, September, 2012 re-named and

re-launched the You WIN programme into an entirely female programme named ‘You

WIN! Women” to the exclusion of all eligible males.

11. That I know as a fact that that 2012 You WIN! Women is discriminatory and contradicts

the entire objectives of programme till this date.

12. That I know as a fact that this is contrary to the provision of the Constitution of the

Federal Republic of Nigeria.

13. That as a Nigerian, a youth and a legal practitioner I have an interest and a right to be

governed in accordance with the Constitution and the rule of law without any

discrimination on gender grounds.


14. That I know as a fact that the Constitution of the Federal Republic of Nigeria 1999 is

supreme over and above any person or interest.

15. That it is in the interest of justice, constitutional and democratic development of Nigeria

to grant the prayers contained in this originating Summons.

16. That I depose to this affidavit in good faith conscientiously believing the same to be true,

and by virtue of the provision of the Oaths Act, 2004.

………………………………………..………

DEPONENT

SWORN TO AT THE FEDERAL HIGH COURT REGISTRY, IKEJA, LAGOS

THIS …………………..................... DAY OF ……………………………….. 2012

BEFORE ME

COMMISSIONER FOR OATH




FCT, Abuja.


Shehu Shagari Way,





Shehu Shagari Way



Sule, Garki, Abuja

Tel: 09-5235902-7




Tel: 09-2340946; 2340324; 2343783; 2343784

2343786; Fax: 09-2340512



Abuja Tel: 09-5237183




Area 11 Garki,

Abuja.



HOLDEN AT LAGOS

SUIT NO: …………………………………

BETWEEN


AND








PLAINTIFF’S WRITTEN ADDRESS

1.0. INTRODUCTION

1.1. This is an address in support of the Plaintiff’s Originating Summons against the

Defendants dated 13th day of September, 2012. The Originating Summons is supported by a

Sixteen (16) paragraph affidavit deposed to by Timi Olagunju, Esq, the plaintiff.

1.2. Attached to the Originating Summons are two (2) Exhibits marked You WIN 1 and You

WIN 2, which includes; a copy of the objectives of the said You WIN programme as ‘EXHIBIT

You WIN 1’ as published by the You WIN website on www.youwin.org.ng as at Wednesday,

12th day of September, 2012; text of the President’s speech on the launching of You WIN in 2011

as ‘EXHIBIT You WIN 2 as published by an online newspaper

‘http://www.nigeriafirst.org/article_11501.shtml’ dated, 11 October, 2011.


1.3. In the Originating Summons, the Plaintiff submits for the determination of this

Honourable Court two (2) questions as follows:

1. Whether the 2012 You WIN Programme (Youth Enterprise with Innovation in

Nigeria) for only Women launched by the President of the Federal Republic of

Nigeria on www.youwin.org.ng violates the provision of Section 42 of the OF

THE CONSTITUTION OF THE FEDERAL REPUBLIC OF NIGERIA, 1999

(AS AMENDED), an unfair advantage or privilege on one gender over

another and contradicts the clear objectives of the You WIN programme?

2. Whether the act of the President of the Federal Republic of Nigeria and/or the





AMENDED)?

1.4. The Plaintiff, in the said Originating Summons, also claims the following reliefs

against the Defendants:

1.4.1 A DECLARATION that by virtue of Section 42 of the Constitution of

the Federal Republic of Nigeria, 1999 (as amended), neither the 1st

Defendant nor the 3rd, 4th, 5th, 6thDefendants can validly convert the

You WIN programme (Youth Enterprise with Innovation in Nigeria)

for Nigerian youths into a You WIN programme (Youth Enterprise

with Innovation in Nigeria) exclusively for women (45 years and

below) to the exclusion of all the men.

1.4.2 A DECLARATION that the absolute conversion of the You WIN

programme (Youth Enterprise with Innovation in Nigeria) originally

for Nigerian youths (irrespective of gender) into a You WIN

programme (Youth Enterprise with Innovation in Nigeria) absolutely

gender based is an infringement of Section 1(1) of the Constitution of


the Federal Republic of Nigeria 1999 (as amended) and an absolute

abuse of power.

1.4.3 AN ORDER OF INJUNCTION restraining the 1st, 3rd, 4th, 5th, 6th

Defendants from continued violation of Section 42 of the Constitution

of the Federal Republic of Nigeria 1999 (as amended) in the conduct

of the You WIN programme.

1.4.4 AN ORDER mandating the 1st Defendant and/or the 3rd, 4th, 5th,

6thDefendants to comply with Section 42 of the Constitution of the

Federal Republic of Nigeria, 1999 (as amended) and revert to the

original objective of the You WIN programme (Youth Enterprise with

Innovation in Nigeria)for all Nigerian youths within an age provided

for by the Defendants irrespective of gender.

2.0. FACTS OF THIS CASE

2.1. The facts of this case are as contained in the Plaintiff’s affidavit. Nevertheless, for ease

of appreciation, the summary of the facts of this case are as follows.

2.2. In the 2011 the Youth Enterprise with Innovation in Nigeria (You WIN) programme was

launched by the President on Tuesday, 11th October, 2011 on www.youwin.org.ng with the main

objective of attracting ideas and innovations from young entrepreneurial aspirants from

Universities, Polytechnics, Technical colleges, and other post-Secondary institutions in Nigeria

irrespective of gender. The first edition was held in 2011 in which Nigerian youths of 35 years

old and below applied and 1200 were declared winners.

2.3. The President of the Federal Republic of Nigeria either directly and through the relevant

Ministries of the Government of the Federation, in this case the 3rd to 6th Defendant defied,

neglected and jettisoned the original objectives of the You WIN and the Nigerian constitution

they swore to uphold by restricting You WIN along gender lines; renamed ‘You WIN

Women’.In 2012, the programme changed from an all youth affair to an all-female affair.

2.4. Aggrieved by the total neglect of the 1999 Nigerian Constitution and the discrimination as

to who applies for the You WIN programme on gender lines by the Executive headed by the

President, Federal Republic of Nigeria and by the 3rd to 6th defendants as well as the overt silence

of the youth body; the National Youth Council of Nigeria, the 7th Defendant, the Plaintiff has

therefore approached this Honourable Court for a determination of the questions contained in the

Originating Summons for the purpose of the above referred reliefs.

3.0 ARGUMENT ON ISSUES

3.1. The Plaintiff hereby submits the following sole issue for the determination of this

Honourable Court:

“In view of the mandatory effects of the combined provisions of sections 1 (1), 42 of the

Constitution of the Federal Republic of Nigeria, 1999 (as amended), whether the 1st, 3rd, 4th, 5th,

6thDefendant’s administrative and executive action and policy of converting the You WIN for

youths’ programme into the You WIN for only Women programme is not illegal,

unconstitutional and null and void and whether the Plaintiff is consequently entitled to all the

reliefs contained in its Originating Summons”.

3.2 ARGUMENT ON 1ST QUESTION

3.2.1 By the first question in the Plaintiff’s Originating Summons, this

Honourable Court is being urged to determine whether the 2012 You WIN

Programme (Youth Enterprise with Innovation in Nigeria) for only Women

launched by the President of the Federal Republic of Nigeria on

www.youwin.org.ng violates the provision of Section 42 of the OF THE


AMENDED), an unfair advantage or privilege on one gender over another and

contradicts the clear objectives of the You WIN programme?

3.2.2 My Lord, the relevant law governing the guidance of administrative and executive

policies, actions and programmes of the Federal Government in circumstances of this nature, is

contained in Sections 42 of the Constitution of the Federal Republic of Nigeria, 1999 (as

amended).

The said sections provide as follows:

42 (1) A citizen of Nigeria of a particular community, ethnic group,

place of origin, sex, religion or political opinion SHALL not, by reason only

that he is such a person:-


(a) be subjected either expressly by, or in the practical application of, any law

in force in Nigeria or any executive or administrative action of the

government, to disabilities or restrictions to which citizens of Nigeria of

other communities, ethnic groups, places of origin, sex, religions or political

opinions are not made subject; or

(b) be accorded either expressly by, or in the practical application of, any law

in force in Nigeria or any such executive or administrative action, any

privilege or advantage that is not accorded to citizens of Nigeria of other

communities, ethnic groups, places of origin, sex, religions or political

opinions.

3.2.3 The above provisions show convincingly that in no way does the constitution approve of or

accommodate the gender restriction as created by the 1st, 3rd, 4th, 5th, 6thdefendants in the 2012

You WIN programme. This is because the programme subjects the men to restrictions that the

women are not subjected to; absolute restriction to the men from participation because of their

sex. Furthermore, the programme as an administrative and executive decision of the 1st, 3rd, 4th,

5th, 6thDefendants accords privileges and advantages to the female gender with the express

exclusion of the male gender. This administrative action clearly contradicts the above provision

of the Constitution.

3.2.4. My Lord, we submit that what is clear from the foregoing provisions is that any

executive or administrative action of the government SHALL observe and follow the

following constitutional guideline: ‘that a citizen of Nigeria of a particular sex SHALL NOT by

reason that he is such a sex be subjected to restrictions to which citizens of Nigeria of other

sex are NOT subject to’. Therefore, any administrative or executive action, policy or programme

that fails to observe the above constitutional guideline does great harm and violence to the spirit

and letters of the Constitution which is the fons et origo of our democracy.

3.2.5 In view of the common person’s perspective, if the 2012 You WIN programme was re-

named “2012 You WIN for Men” (to the exclusion of eligible women), would such not have

raised serious gender intentions of discrimination against women on the part of the Federal

Government? Then, it should NOT be otherwise when eligible Nigerian men are faced with such

clear discrimination on gender grounds because reciprocity is reciprocal.

3.2.6 In EXHIBIT You WIN 2, a text of the President’s 2011 You WIN speech paragraph 15

states: ‘In line with renewed commitment to regular performance evaluation and measurement,

this administration will monitor the programme closely over the next three years of its

implementation to ensure that it remains responsive to the NEEDS of young Nigerian MEN and

WOMEN’.

3.2.7 It is important to bring to the judicial mind of the court the fact that in Section 42 (1) (a)

& (b) of the Constitution as reproduced above, the drafters of the Constitution use the word

“shall”. The word “shall”, when used in a Constitutional provision, conveys a command and

compulsion. Where the word “shall” has been used, the courts have interpreted the word in the

context of command and authority bereft of discretion. See BUHARI v. INEC (2008) 12 S.C.

(PT. 1) 1 @ 88 Paragraphs 25-35.

3.2.8 In the case of BAMAIYI v. AG FEDERATION [2001] 12 NWLR (PT.727) 468 @ 497,

paragraphs F-G, the Supreme Court stated thus:

“… the word “shall” in the ordinary meaning of the word, connotes a command, and that which

must be given a compulsory meaning. It has a peremptory meaning which is generally

imperative and mandatory. It has the significance of excluding the idea of discretion to impose a

duty. Where a provision provides that a thing shall be done, the natural meaning is that a

peremptory mandate is enjoined.”

3.2.9. In the instant case, it is the case of the Claimant that whereas the defendants have the

power to institute and initiate a National programme, policy of any nature, it must do so with

regards to the express provisions of the ‘grund norm’, the 1999 Constitution of the Federal

Republic of Nigeria.

3.2.10. On the authority of the mandatory provisions of the Sections 42 of the Constitution as

reproduced above and the above-cited cases, we submit that the 1st Defendant, the President of

the Federal Republic of Nigeria and the 3nd to the 6th defendants or any other person acting on

their instructions cannot lawfully institute, launch or continue National You WIN programme for

only women whilst excluding the men from participating. We urge the court to so hold.

3.3 ARGUMENT ON SECOND QUESTION

3.3.1. My Lord, the Plaintiff also prays this Honourable Court to determine

Whether the act of the President of the Federal Republic of Nigeria and/or the





AMENDED).

3.3.2 We argue further that the constitution is sacred and preserves the fundamental principles

of our corporate existence. Needless to argue that it is the Constitution that donates powers to the

different arms of government, creates rights and limitations thereto and all discretions are subject

to its leadings. No action can therefore be initiated by any arm of government otherwise than as

provided in the Constitution. Where any purported act is exercised in disregard of the provisions

of the Constitution by any arm of government, there is a duty on the court to strike down such

purported exercise of power and declare same null and void.

3.3.3 The Supreme Court had opportunity to pronounce on the supremacy of the Constitution

when in BALONWU VS. GOVERNOR ANAMBRA STATE (2009) 12 S.C.(PT.1) 31 @ 56

MOHAMMED JSC it held inter alia;

“It has been said time without number in many decisions of this court that the Constitution is an

organic instrument which confers powers and also creates rights and limitations. It is the

supreme law in which certain principles of fundamental nature are established. Thus, once the

powers, the rights and limitations under the Constitution are identified as having been created,

their existence cannot be disputed in a court of law.”

3.3.4 Similarly, the apex court seized the opportunity presented by the case of ATTORNEY-

GENERAL OF ABIA STATE VS. ATTORNEY-GENERAL OF THE FEDERATION (2002) 6

NWLR (PT. 764) 264 @ 479 PARAGRAPHS D – F when the very learned KALGO JSC held

thus;

“The supremacy of the Constitution has made it abundantly clear and in no uncertain terms that

the provisions of the Constitution are superior ... and are binding and must be observed and

respected by all persons and authorities in Nigeria.”

3.3.5 Therefore, in view of the authorities referred to in paragraph 3.3.3 and 3.3.4 and Section

1(1) of the Nigerian Constitution, it is humbly submitted that the 1st, 3rd, 4th, 5th, 6th Defendants

CANNOT BY DISCRETION initiate, launch or continue with the new policy on the You WIN

programme except in absolute fairness to gender equality and their actions must be clearly

guided by section 42 of the 1999Nigerian Constitution (as amended). Any act of discretion

otherwise will be unconstitutional and against the social and democratic spirit of the Nigerian

state. We urge the court to so hold.

4.0. CONCLUSION

In view of our arguments on questions 1 to 2 above, this Honourable Court is therefore urged

to grant all the prayers and/or reliefs sought by the Plaintiff as contained in the Originating

Summons.

Dated this ………. day of …………………… 2012.

...................................

TIMI OLAGUNJU, ESQ


Sync Legal,




Tel: 08169011777, 08023797163.







FCT, Abuja.


Shehu Shagari Way,





Shehu Shagari Way



Sule, Garki, Abuja

Tel: 09-5235902-7




Tel: 09-2340946; 2340324; 2343783; 2343784

2343786; Fax: 09-2340512



Abuja Tel: 09-5237183




Area 11 Garki,

Abuja.

LIST OF AUTHORITIES

JUDICIAL

1. BUHARI v. INEC (2008) 12 S.C. (PT. 1) 1 @ 88 Paragraphs 25-35.

3.2.7

2. BAMAIYI v. AG FEDERATION [2001] 12 NWLR (PT.727) 468 @ 497

3. BALONWU VS. GOVERNOR ANAMBRA STATE (2009) 12 S.C.(PT.1) 31 @ 56

4. ATTORNEY-GENERAL OF ABIA STATE VS. ATTORNEY-GENERAL OF THE

FEDERATION (2002) 6 NWLR (PT. 764) 264 @ 479 PARAGRAPHS D – F

STATUTORY

Sections 1 (1) & 42 of the CONSTITUTION OF THE FEDERAL REPUBLIC OF

NIGERIA (as amended)

TIMI OLAGUNJU, ESQ


Sync Legal,

c/oBamidelePopoolaEsq,

23A, Mike IchieEjeziestreet,


Tel: 08169011777, 08023797163.






HOLDEN AT LAGOS

SUIT NO: …………………………………

MOTION NO: …………………………....

BETWEEN


AND








MOTION EXPARTE

BROUGHT PURSUANT TO ORDER 26 OF THE FEDERAL HIGH COURT (CIVIL

PROCEDURE RULES) 2009 AND UNDER THE INHERENT JURISDICTION OF THIS

HONOURABLE COURT

TAKE NOTICE that this Honourable Court will be moved on ………………………. the

…………………. of September, 2012 at the Hour of 9 O’ Clock in the forenoon or so soon

thereafter as counsel on behalf of the Plaintiff can be heard praying this Court for the following

orders:

1. AN ORDER OF INTERIM INJUCTION restraining the 1st, 3rd, 4th, 5th, 6thDefendants

from continuing with the You WIN Women programmme pending the determination of

this suit.

2. AND for such further order or orders as this Honourable Court may deem fit to make in

the circumstances.

DATED this 12th day of September, 2012

TIMI OLAGUNJU, ESQ


Sync Legal,




Tel: 08169011777, 08023797163.






HOLDEN AT LAGOS

SUIT NO: …………………………………

MOTION NO: ……………………………

BETWEEN


AND








AFFIDAVIT OF URGENCY IN SUPPORT OF MOTION EXPARTE

I, TIMI OLAGUNJU, ESQ., Christian, Nigeria citizen, Legal Practitioner of Sync Legal, 23A,

Mike Ichie Ejezie street, Lekki Phase 1, Lagos hereby make oath and aver as follows:

1. That I am the plaintiff in the matter and a legal practitioner and a citizen of Nigeria.

2. That as a legal practitioner I am under oath to uphold the Constitution of the Federal

Republic of Nigeria and the rule of law.

3. That I know as a fact that the You WIN WOMEN has been launched on

www.youwin.org.ng on Monday, September 3, 2012

4. That I know as a fact that the You WIN is a time based programme in which submissions

of interested candidates will close in the shortest possible time of less than 4 weeks from


this date(attached is a copy of the 2012 You WIN Women deadline as provided for on

www.youwin.org.ng as EXHIBIT You WIN 3)

5. That I know as a fact that the 2012Youth Enterprise with Innovation in Nigeria (You

WIN) programme for only Women undermines the Fundamental Rights against

discrimination under the 1999 Nigerian Constitution.

6. That I know as a fact that to continue with the 2012 You WIN Women programme will

cause irreversible and irreparable damage to the excluded eligible Nigerian men.

7. That I know as a fact that the Constitution of the Federal Republic of Nigeria 1999 is

supreme over and above any person or interest and is the guiding compass for the actions,

policies of the Nigerian Government and its agencies.

8. That the interest of the defendants will not be adversely affected.

9. That it is in the interest of justice to hear this application expeditiously.

10. That I depose to this affidavit in good faith conscientiously believing the same to be true,

and by virtue of the provision of the Oaths Act, 2004.

…………….…………………………………..………

DEPONENT

SWORN TO AT THE FEDERAL HIGH COURT REGISTRY, IKEJA, LAGOS

THIS …………………........... DAY OF ………………………………….. 2012

BEFORE ME

COMMISSIONER FOR OATH


Documents

Timi Olagunju v. Nigerian President & 6 Ors