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Thursday 12 March 2020

Judgement on Illegal Ministries: Barr First Baba Isa vs Governor Ayade; case struck out for lack of locus standi


From L-R, Barr. First Baba Isa and his Excellency Sen Prof Ben Ayade. 

Honourable Justice Simon Amobeda of the Federal High Court, Calabar has struck out the suit First Baba Isa, Constitutional and Human Rights Lawyer, sued the Governor of Cross River State, the Government of Cross River State, the Attorney General of Cross River State and three (3) others, vide an Originating Summons, praying the Court to declare the action of the Governor in creating the Ministries of Aviation, Foreign Affairs and Solid Minerals illegal and unconstitutional.

After hearing of arguments on the case on the 19th of February, 2020, the Court adjourned the matter to the 26th of March, 2020 to deliver judgment; and just yesterday, the Plaintiff, First Baba Isa, got a call that the judgement has been shifted forward to 12th of March, 2020.

Judgement was given just on the Preliminary Objection and the main suit was not decided on; so the question of whether the Governor has powers to create those ministries wasn't touched by the court. The court simply ruled that the Plaintiff lacked the locus to bring the case.

The Plaintiff, First Baba Isa, who was commended in open court for his brilliance by the judge, has said he is going to appeal the judgement. He said the era of striking suits out for lack of locus standi is long gone, so he believed the court was wrong for striking out the suit on that ground.

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