February 27, 2015
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- Law News
A Federal High Court, Abuja, on Thursday struck out a suit seeking an order nullifying the entire processes of the National Conference which held last year.
Justice Abdulkadir Abdul-Kafarati struck out the suit which was filed by rights activist, Tunji Abayomi, on the grounds that the suit had been overtaken by events.
The judge added while upholding the preliminary objection by the Attorney General of the Federation against the suit, that the plaintiff lacked the locus standi (the right to sue) to initiate the suit.
The plaintiff had instituted the suit shortly after President Goodluck Jonathan inaugurated the conference last year.
Abayomi had, in the suit FHC/ABJ/CS/ 167/204 , argued that it was wrong for the President to have inaugurated the conference without an enabling law passed by the National Assembly.
He asked the court to determine whether a National Conference can be convened by the President and/or government of Nigeria without a law made by the National Assembly enabling them to do so.
But the judge held that Abayomi failed to show, with documentary evidence, that he is a tax payer for him to be clothed with the locus to sue.
The judge also held that the plaintiff failed to disclose any special interest he sought to protect.
He further held that the plaintiff failed to show that by convoking the National Conference as he did, the President breached any known law.
Justice Abdulkafarati held that since the National Conference has been concluded and its outcome submitted to the President for further action, the suit has become an academic exercise.
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