The Abuja division of the Federal High Court has been asked to nullify and invalidate the laws establishing the Ebugeagu Security Agency of the Ebonyi State as well as the Cyber Crime (Prohibition) law 2021 enacted by the state House of Assembly.
This is contained in two separate suits filed by aggrieved indigenes of the state questioning the legality and constitutional powers of the Ebonyi State Government to enact such laws.
In an originating summons marked FHC/ABJ/CS/114/2022, the Incorporated Trustees of Patriotic Youth Organization and Egnr. Solomon Ukpai have challenged the Constitutional competence of the state government to establish the Ebugeagu Security Agency as such powers are exclusively rested with the President of the Federal Government of Nigeria.
Listed as defendants in the suit are President of the Federal Republic of Nigeria; the National Security Adviser; the Attorney General of the Federation; the Inspector General of Police; the Department of State Security Services; the Attorney General of Ebonyi State and the House of Assembly of Ebonyi State.
The plaintiffs in the originating summons dated January 31, 2022 and filed by their counsel, Okoro Nkemakolam, have urged the court to declare that the creation and or establishment of the Ebubeagu Security Agency in the state by the state government is illegal, unconstitutional, invalid, and ultra vires the executive powers of the state in view of the relevant statutory provisions.
Specifically, Nkemakolam urged the court to declare that by the combined provisions of sections 4(1,2,3,5, 6 & 7), items 2, 38, 45 & 68 of the second schedule part 1, of the 1999 constitution, the Ebonyi state House of Assembly has no legislative competence, and constitutional powers whatsoever, to legislate or make any law,creating Ebubeagu Security Agency, in the state.
That by the above provisions of the law, the court should further declare that any issue partaining to arms and ammunition, army, police and any other government security services established by law, are all within the exclusive legislative competence of the National Assembly.
Besides, he argued that the arming of Ebubeagu Security Agency, in Ebonyi state, with sophisticated weapons like pump -action riffles, AK47, AK49, machine guns and any other firearms or weapons by the state government, without the requisite approvals from the President of the Federal Republic of Nigeria,and the Inspector General of Police is against the provisions of the law, particularly sections 3 & 4 of the Firearms Act, and also contravenes the provisions of item 2, of the second schedule part 1, of the constitution.
Accordingly, the plaintiffs are further seeking an order of injunction restraining the Ebonyi state government from sponsoring, using, creating and further establishing by law, any other government security outfits in the state.
An order restraining the Inspector General of Police and the Department of State Security Service from surpervising; coordinating, funding and providing any form of logistics or tactical support to the Ebubeagu Security Agency in the state in contravention of relevant laws.
They equally asking for an order of court directing the Inspector General of Police and the DSS to arrest and prosecute any member of the security outfit who is found operating as such, after the judgment of the court.
In the second suit marked FHC/ABJ/CS/112/2022, the plaintiff, Dr. Lazarus Ude Eze is urging the court to declare the entire Cybercrimes (Prohibition) Law 2021, enacted by the Ebonyi state House of Assembly on the grounds that it is inconsistent with the provisions of the Cybercrimes(Prohibition) Prevention Act, Etc), enacted by the National Assembly and the provisions of the Constitution.
That the court should make an order nullifying, invalidating, quashing and setting aside all the steps taken, decision, resolutions, publications of names of any of the plaintiffs, or the names of indigenes of Ebonyi State, on the government’s watchlist and prosecution, conviction, sentencing and incarceration of any of the plaintiffs or any of the state indigene, pursuant to the Cybercrimes (Prohibition) Law, 2021, enacted into law by the state government.
(Daily Sun)
