The Registered Trustees Of One Love Family Caring [Aka One Love Foundation] in pursuits of its avowed goal of public interest litigation filed a Fundamental Rights enforcement Suit at the Federal High Court of Nigeria in the interest of its members and every Nigerian resident in Edo state and Delta state against the World Bank Group and the International Development Association (IDA). From a certified true copy of the Court processes sighted by this Reporter, Chief Patrick Osagie Eholor was party to the Suit for himself and on behalf of the Peoples and each Citizen of the Federal Republic of Nigeria. Other Respondents to the Suit include the President of the Federal Republic of Nigeria, the Attorney General of the Federation of Nigeria, the Federal Ministry of Finance & Economic Development, and the Debt Management Office of Nigeria.
The Reliefs sought in the Originating Motion filed in the Suit included an Order directing the 1st to 6th Respondents to rescind the said Financing Agreement (worth $800 million dollars) signed on or about the 16th of August, 2022 (for financing of palliatives to be disbursed through cash transfers to about 50 million Nigerians by the 2nd Respondent); on grounds of being in breach or likely breach of Article V, Section 1(b)&(g) of the Articles of Agreement of the International Development Association and Articles 22 & 24 of the African Charter on Human and Peoples’ Rights (Ratification and Enforcement) Act as well as Section 34(1)(b) of the 1999 Constitution.
As well as an Injunction restraining the 1st to 6th Respondents from implementing or giving effect to the said Financing Agreement (worth $800 million dollars) signed on or about the 16th of August, 2022 (for financing of palliatives to be disbursed through cash transfers to about 50 million Nigerians by the 2nd Respondent); in a manner contrary to Article V, Section 1(b)&(g) of the Articles of Agreement of the International Development Association and Articles 22 & 24 of the African Charter on Human and Peoples’ Rights (Ratification and Enforcement) Act as well as Section 34(1)(b) of the 1999 Constitution.
Some of the Grounds on which the Suit was filed included that on the fair and true construction of the extant provisions of Article 24 of the African Charter on Human and Peoples’ Rights (Ratification and Enforcement) Act which provides that: “All peoples shall have the right to a general satisfactory environment favourable to their development” – the terms and conditions of the Financing Agreement (worth $800 million dollars and signed on or about the 16th of August, 2022 between the 1st and 2nd Respondents of the one part and the 3rd to 6th Respondents of the other part) will deprive the Applicants of their aforesaid Fundamental Right – to the extent that the loan for financing of palliatives to be disbursed through cash transfers to about 50 million Nigerians by the 2nd Respondent; has made no arrangements to ensure that the proceeds of the financing are used only for the purposes for which the financing was provided as required Article V, Section 1(g) of the Articles of Agreement of the International Development Association.
And that the said Financing Agreement (worth $800 million dollars) signed on or about the 16th of August, 2022 (for financing of palliatives to be disbursed through cash transfers to about 50 million Nigerians by the 2nd Respondent) ought to be restrained and/or suspended on grounds that the specific project is not of high developmental priority in the light of the needs of the area or areas concerned as well as its execution will be contrary to Article V, Section 1(b) of the Articles of Agreement of the International Development Association and no arrangements to ensure that the proceeds of the financing are used only for the purposes for which the financing was provided as required Article V, Section 1(g) of the Articles of Agreement of the International Development Association – and will therefore amount to a breach of Articles 22 & 24 of the African Charter on Human and Peoples’ Rights (Ratification and Enforcement) Act as well as Section 34(1)(b) of the 1999 Constitution.
The Suit is in progress as on the 26th day of September 2023, the Federal High Court in the Suit No. FHC/ASB/CS60/2023 pending before the Asaba Judicial Division granted Leave to the Applicants to serve the Originating processes in the Suit on the 1st, 2nd and 6th by delivery to the Heads of their Legal Departments at their stated addresses amongst other Orders of Substituted Service on the other Respondents to the Suit.
