Adekoya takes on immigration tragedy suit pro bono
Renowned litigator and leading Nigerian Bar Association (NBA) presidential aspirant, Funke Adekoya (SAN) has agreed to lead free of charge the legal team for victims of the Nigerian Immigration Service recruitment fiasco who are set to sue the Federal Government for compensation.
In the writ of summons to be filed this week at the Federal High Court Abuja, the plaintiffs are seeking a declaration that the defendants acted negligently and in total disregard to the sanctity of lives of over 520,000 Nigerians who were invited for job interview and screening by the Nigerian Immigration Services.
The plaintiffs are Patience Nonye Omezie and Kasim Yusuf Suleiman while the defendants are the Federal Republic of Nigeria, Attorney-General of the Federation, Interior Affairs Minister Abba Moro, Nigerian Immigration Services, and its Comptroller General David Shikfu Parradang.
While Omezie is a Management & Accounting graduate of University of Ife who had been unemployed for five years, Suleiman is a 2010 unemployed graduate of the University of Jos.
Adekoya is leading several other lawyers for the plaintiffs, including Messrs J. S. Okutepa, SAN and former NBA 1st Vice President, Ikeazor Akaraiwe.
The plaintiffs who are suing in a representative capacity are seeking a declaration that the sum of N1,000 collected from all the job applicants at the instance of the defendants is not only unlawful and contrary to the Public Service Rules and Regulations, but that it constitutes a breach of the constitutional and statutory duties the defendants owe Nigerians including the over 520,000 Nigerians who sought to be employed into the Nigerian Immigration Services.
They are also asking the court to declare that the 3rd defendant (Abba Moro) “is not a fit and proper person to hold public office in Nigeria having regard to his callous statement that Nigerians who died and those who were injured during the stampede resulting from the job interview and exercises on 15/3/2014 were impatient” and that the applicants did not follow laid down procedures.
Accordingly, the plaintiffs seek an order of court directing the defendants to account for and repay to all the job applicants who applied for and paid to be employed into the Nigerian Immigration Services all such monies, noting that such payment is illegal, unconstitutional and contrary to public policy and good conscience.
The plaintiffs are also seeking refund of the total monies expended on purchasing the application forms, including the transportation costs incurred both during the application and the examination day. They also want the court to award to each of them the sum of N100 Million against the defendants, “being compensation for the trauma, waste of my time, inhuman and degrading treatment by the defendants.”
Noting that they took part in the 15th March, 2013 recruitment exercise, the plaintiffs observed that they were injured in their bid to get recruited into the 4th defendant.
The plaintiffs further argue that the defendants were negligent, having made no adequate administrative arrangements to ensure the orderly accreditation of candidates, and so delayed admission into the examination venues by over seven hours, resulting in the frustration of the plaintiffs.
In her statement on oath, Omezie said: “As we were rushing into the stadium, I overheard one of the officials of the 4th Defendant telling some young men that only 500 slots was allocated to Lagos state and 200 slots have been given to senators and ‘ogas at the top’ etc.”
She said the officials of the 4th defendant tore their answer scripts in their presence: “After waiting for about 11 hours under the sun, and after enduring heaps of insults, very inhuman and degrading treatment meted on me and other applicants by officials of the 4th Defendant, it was shocking to learn that all that effort was in vain.” She said this act infuriated many applicants, leading to protests and stampede.
Despite the large turn-out of applicants, the defendants restricted access into the venue to only one entrance, resulting in a stampede from the plaintiffs who were entitled to admission to the venue.
According to the plaintiffs, the defendants failed or neglected to arrange for emergency medical relief and protection of lives of the applicants. In consequence, over 19 of these Plaintiffs including a pregnant woman were killed in a stampede in various stadia across Nigeria including Abuja contrary to SS.17 (2)(b), (3)(a) and 33(1) of the 1999 Constitution as amended.
It is recalled that the NIS had advertised 4,556 vacancies in October 2013 while over 500,000 applicants sought to fill the vacancies. The recruitment exercise was marred by many irregularities, leading to the death of several applicants.
This comes against the backdrop of her endorsement for the post of NBA presidency by outspoken jurist, Justice Ishaq Bello. Justice Bello who spoke at the recent Young Lawyers Summit while representing the Chief Judge of FCT said he was highly impressed with Adekoya’s practice as an advocate, adding that he hoped the NBA electorate would accord with the growing trend in gender sensitivity and give the leading advocate a chance.