19 Lawyers Sue FG & Ors. over Bad Roads in Edo and Delta States
Nineteen legal practitioners have instituted a suit against the Federal Government and two others over dangerous and dilapidated roads in Delta and Edo States.
The summons marked SUIT NO: HCW/FHR/2023, is between Samuel C. Odoh Esq., Abdulraham Yusuf Abdulkadir Esq., Samuel Ihensekhien Esq., Emmanuel NwarahOnyia Esq., Lauretta lkwuka Esq., Felix Uzoma Esq., James Irogbo Esq., Vincent Adada Esq., Kazeem Adewale Esq., Godspower Eroga Esq., Obi Ajuluchukwu F. Esq., Emmanuel Ekpuda Esq., Blessing Esinwoke Esq., Cyril Ede Esq., Lilian Okenwa Esq, Alfred Ogunli Esq., Ikedi Abonyi Esq., Uzoma Aneto Esq., Theophilus Akinsanmi Esq.(for themselves and on behalf of Nigerians that ply federal highways in Nigeria), and the Federal Government of Nigeria, Attorney General of the Federation and the Federal Ministry of Works.
Kunle Edun Esq, counsel to the 19 legal practitioners who are all members of the human rights defenders’ forum, a WhatsApp group, stated that the action filed at the Federal High Court, Warri was necessary in view of the agonies and long-suffering of Nigerians that ply the Benin-Warri Highway, and the recent ghastly accident involving a fuel tanker which led to the death of many commuters in an inferno at Ologbo in Edo and Delta States as a result of bad roads.
Part of the court papers reads:
ORIGINATING SUMMONS BROUGHT PURSUANT TO THE PROVISIONS OF CHAPTER IV SECTIONS 33 (1), 34(1), 41 & 46 OF THE CONSTITUTION OF THE FEDERAL REPUBLIC OF NIGERIA, 1999 (AS AMENDED); ARTICLES 4, 5, 12(10 16 (1) & (2), 22 (1)8 (2) AND 24 OF THE AFRICAN CHARTER ON HUMAN AND PEOPLES’ RIGHT PROVISIONS OF THE FUNDAMEMTAL RIGHTS (ENFORCEMENT PROCEDURE) RULES 2009 AND UNDER THE INHERENT JURISDICTION OF THIS HONOURABLE COURT
TAKE NOTICE that this Honourable Court will be moved on the day of 2023 at the hour of 9 O’clock in the forenoon or so soon thereafter as Counsel may be heard on behalf of the Applicants herein praying this Honorable Court for the following reliefs against the Respondents jointly and/or severally:
1. A Declaration that the reckless abandonment of the bad portions on the Benin- Warri trunk A Federal Highway (particularly the deteriorated axis from Warri to the Interchange in Benin City) by the Respondents is unconstitutional, unlawful and therefore amounts to a clear violation and infringement of the fundamental rights of the Applicants and Nigerians to life, dignity of human persons, freedom of movement, enjoyment of best physical and mental state of health, economic, socio and cultural development and right to general satisfactory environment, as guaranteed under the provisions of Articles 4. 5, 16(1) & (2), 22(1) & (2) and 24 of the African Charter on Human and Peoples’ Rights (Ratification and Enforcement) Act and Section 33(1), 34(1) and 41 of the Constitution of the Federal Republic of Nigeria, 1999 (As Amended).
2. A Declaration that the reckless abandonment of the bad portions on the Benin- Warri trunk A Federal Highway (particularly the bad spots at Sapele roundabout. Delta State portion of the Ologbo boundary and the Ikpoba slope axis) by the Respondents and which bad state occasioned accidents on that axis, and the death of more than 10 motorists and commuters in the inferno that was caused by a fallen fuel tanker on the highway: is a breach of the duty of care, unlawful and therefore amounts to a clear violation and infringement of the Applicants and Nigerians fundamental right to life, dignity of human persons, freedom of movement, enjoyment of best physical and mental state of health, economic, socio and cultural development and right to general satisfactory environment, as guaranteed under the provisions of Articles 4, 5, 16(1) & (2), 22(1) & (2) and 24 of the African Charter on Human and Peoples’ Rights (Ratification and Enforcement) Act and Section 33(1), 34(1) and 41 of the Constitution of the Federal Republic of Nigeria, 1999 (As Amended).
3. An order of mandamus compelling the Respondents to effect immediate rehabilitation and reconstruction work on all the bad portions of the Benin-Warri Trunk “A” Federal Highway to quickly avert the avoidable frequent loss of lives and properties of Nigerians on the Highway.
4. An order compelling the Respondents to verify the number of lives that were burnt and properties destroyed at or near the Delta State boundary at Ologbo of the Benin-Warri Federal Highway which occurred on the 1 day of October, 2023 at the Ologbo axis and on the 8th of October. 2023 at the Ikpoba Slope of same the Benin- Warri Federal Highway, for the purpose of adequately compensating the families of the victims.
5. An order compelling the Respondents to undertake and insure the lives of Nigerians that ply any of the Federal Highways in Nigeria with reputable Insurance Companies against any future accident and destruction of their properties that may be caused by bad Federal Highways.
6. An order compelling the Respondents to issue a Public Apology to be published in at least two national dailies, seeking the forgiveness of the victims of the accidents on the Benin-Warri Trunk “A” Federal Highway, which were occasioned by the neglect and abandonment by the Respondents of their responsibilities to maintain the said roads.
7. An Order of this Honourable Court directing the Respondents to pay to the Applicants the sum of One Hundred Million Naira (NI00, 000, 000.00) as general, punitive and exemplary damages for the flagrant and reckless deprivation of the Applicants’ fundamental rights to life, human dignity and freedom of movement.
8. AND for such further Order or other Orders as this Honorable Court may deem fit to make in the circumstances.
