ORIGINATING SUMMONS IN THE FEDERAL HIGH COURT OF NIGERIA IN THE ABUJA JUDICIAL DIVISION HOLDEN AT MAITAMA ABUJA SUIT NO: FHC/ABJ/cS/5"/2022 BETWEEN MAZI NNAMODI KANU.... AND PLAINTIFF 1, THE CHIEF JUDGE OF THE FEDERAL HIGH COURT OF NIGERIA, HON. JUSTICE JOHN TSOHO DEFENDANTS 2. THE CHIEF REGISTRAR OF THE FEDERAL HIGH COURT OF NIGERIA ORIGINATING SUMMONS PURSUANT TO ORDER 3 RULES 6 & 9 OF THE FEDERAL HIGH COURT (CIVIL PI ROCEDURE) RULES 2019, SECTION 6| (6) OF THE 1999 CONSTITUTION OF THE FEDERAL REPUBLIC OF NIGERIA AS AMENDED, AND UNDER THE INHERENT JURISDICTION OF THIS HONOURABLE COURT Let the Defendants herein both of the Federal High Court Abuja, within thirty days after the service of this summons on them, inclusive of the day of such service, Cause an appearance to be entered for them to this summons which is issued upon the application of the above named Plaintiff for the determination of the following question. QUESTIONS FOR DETERMINATION 1. WHETHER THE POWERS CONFERRED ON THE 15" DEFENDANT UNDER SECTION 254 OF THE 1999 CONSTITUTION OF THE FEDERAL REPUBLIC OF NIGERIA AS AMENDED INCLUDES THE POWER TO MAKE DIRECTIONS FOR REGULATING TRIALS OF TERRORISM OFFENCES IN THE FEDERAL HIGH COURT, HAVING REGARD TO THE PROVISIONS OF SECTIONS 36(1) AND 36(4)(a) & (b) OF THE 1999 CONSTITUTION OF THE FEDERAL REPUBLIC OF NIGERIA AS AMENDED, AND SECTION 32 OF THE TERRORISM PREVENTION ACT, 2011 AS AMENDED? 2. TO THE EXTENT THAT THE SUBJECT MATTER OF THE FEDERAL HIGH COURT PRACTICE DIRECTIONS (ON TRIAL OF TERRORISM CASES) 2022 WHICH WERE HIGH couRT Page 1 of 28 (pes) {ob4797307¢ 4 ARQUA \(g) AN ORDER OF PERPETUAL INJUNCTION ‘restraining the Defendants, Hh, whether by themselves, servants, agents, privies, and all other officers and agents of the Federal High Court of Nigerla from applying. and enforcing the provisions of the Federal High Court Practice Directions (On Trial of Terrorism Cases) 2022 DATED THIS 25™ DAY OF APRIL, 202% This summons was taken by SIR IEEAN' Nile Street, Opposite Maitama Police Sta| for service is same as indicated herein. Maitama, Abuja and whose address The Defendants may appear hereunto by entering appearance 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 sending them to that office by any of the rhethods allowed! by these Rules! ‘ REGISTRAR NOTE: if the Defendants do 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. ' Page 4 of 28; st 6, That it will serve the best interest of justice if this suit jy heard mos! expeditiously. 7. That | depose to this affidavit in good faith, believing same to be true and In | accordance with the Oaths Act. DEPONENT SWORN TO AT THE REGISTRY Page 8 of 2610. il. SWORN TO AT THE FEDERAL HIGH COURT REGISTRY, ABUJA which said direction made far reaching provisions on the conduct of eriminal trial on offences brought under the Terrorism Prevention Amendment Act 2013. That | know as a fact that the said Practice Directions were issued without the approval of the Federal Executive Council (formerly the National Council of Ministers) of the Federal Government of Nigeria, That the Practice Directions apply to and affect the proceedings in Charge No: FHC/ABJ/CR/383/2015 pending before Hon. Justice Binta Nyako of Court No. 2, Federal High Court Abuja, in which the Plaintiff is being prosecuted under the Terrorism Prevention Amendment Act That the Plaintiff was not afforded any hearing before the said Directions were made by the 1" Defendant. That the Plaintiff against whose interest the said Directions were primarily made, has already been publicly tried and condemned by the Federal Government of Nigeria and her Attorney General. That | know as a fact that it is in the interest of justice and fair hearing that the Plaintiff who has been so tried and condemned publicly by his accusers, enjoys a public trial, devoid of the restrictions contained in the practice directions. That | swear to this affidavit in good faith, sincerely and conscientiously believing same to be true and correct to the best of my knowledge, information and belief. DEPONENT astku OF APRIL, 2022 Page 10 of 28Peer ee eee ee ve vi vil. vill xiii. AMASIKE V. THE REGISTRAR GENERAL, C.A.C. & ANOR (2010) LPELR-456(SC) AMINU TANKO V. STATE (2009) LPELR-3136(SC) ANKPA & ORS V. MAIKARFI & ANOR (2008) LPELR-3776(CA). EMIRATE AIRLINE V, FRN’& ORS (2014) LPELR-24135(CA). Federal High Court Practice Directions (On Trial of Terrorism Cases) 2022 Federal High Court Act FRN V. OGBULAFOR & ORS (2012) LPELR-7947(CA) HON. MIN, OF JUSTICE & AGF vs. AG OF LAGOS (2023) All FWLR Pt. 704 PS- 1 MARWA & ORS V NYAKO (2012) 6 NWLR (PT. 1296) 199 S.C. at 352 to358 PPP V. INEC & ORS (2015) LPELR-25706(SC) MUSA & ORS V. INEC & ANOR (2002) LPELR-11119(CA): OMINI & ORS V. YAKURR LGA & ORS (2019) LPELR-46300(CA) (as amended) Terrorism (Prevention) Act, 2011 BLIES OF, GOD, NIG V. OKONGWU & THE REGISTERED TRUSTEES OF ASEEMI ORS (2012) LPELR-19933(CA) DATED THE 25™ DAY OF APRIL, 2022. CHIEF IFEANY! EJIOFOR, ESQ. (SIGNED) MALIKI SYLVANUS, ESQ. QUEEN UMANA (MISS) | °CHINWE UMECHE, ESQ. HABILA G. TURSHAK, ESQ. BARBARA T. ONWUBIKO, ESQ. CHIMMUANYA EMENARI, ESQ. Page 27 of 28