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IN THE FEDERAL HIGH COURT OF NIGERIA IN THE IKEJA-LAGOS JUDICIAL DIVISION HOLDEN AT LAGOS SUIT NO: BETWEEN TIMI

I OLAGUNJU, ESQ. AND 1. THE PRESIDENT, FEDERAL REPUBLIC OF NIGERIA 2. ATTORNEY-GENERAL OF THE FEDERATION 3. FEDERAL MINISTRY OF COMMUNICATION TECHNOLOGY 4. FEDERAL MINISTRY OF YOUTH DEVELOPMENT {. DEFENDANTS 5. FEDERAL MINISTRY OF FINANCE 6. FEDERAL MINISTRY OF INFORMATION 7. NATIONAL YOUTH COUNCIL OF NIGERIA ORIGINATING SUMMONS BROUGHT PURSUANT TO ORDER 3 RULES 6, 7, & 9 (1) &(2)OF THE FEDERAL HIGH COURT (CIVIL PROCEDURE) RULES 2009; SECTIONS 1(1) &42 OF THE CONSTITUTION OF THE FEDERAL REPUBLIC OF NIGERIA, 1999 (AS AMENDED);ARTICLE 29 (4) of THE AFRICAN CHARTER ON HUMAN AND PEOPLES RIGHTS (RATIFICATION AND ENFORCEMENT) ACT 1983 AND UNDER THE INHERENT POWERS OF THIS HONOURABLE COURT AS PRESERVED BY SECTION 6(6)(A) OF THE CONSTITUTION OF THE FEDERAL REPUBLIC OF NIGERIA 1999 (AS AMENDED). LET THE 1st DEFENDANTS of the Presidency, Aso Rock Villa, Three Arms Zone, Federal Capital Territory (FCT), Abuja; the 2nd DEFENDANT of the Federal Ministry of Justice, Shehu Shagari Way, Central Area, Abuja; the 3rd DEFENDANT of the Federal Communication {.PLAINTIFF

Technology, Federal Secretariat Complex, 3rd Floor, B Wing - Phase I, Annex II Shehu Shagari Way, Abuja ; the 4thDEFENDANT of the Federal Ministry of Youth Development, New Federal Secretariat Complex, Maitama, Sule, Garki, Abuja; the 5th DEFENDANT of the Federal Ministry of Finance (Opposite Central Bank), P.M.B. 14, Garki, Abuja; the 6th DEFENDANT of Federal Ministry of Information, Federal Secretariat, 2nd & 3rd Floors, Shehu Shagari Way, Abuja; the 7th DEFENDANT of the National Youth Council of Nigeria, 4 Ikot Ekpene Close, off Emeka Anyaokwu street, Area 11 Garki, Abuja in the Abuja Judicial Division within thirty days after service of this summons, cause an appearance to be entered for them to this summons which is issued upon the application of the plaintiff, Timi Olagunju, Esq. of 23A, Mike Ichie Ejezie street, Lekki Phase 1, Lagos who claims:

1. A DECLARATION that by virtue of Section 42 of the Constitution of the Federal Republic of Nigeria, 1999 (as amended), neither the 1st Defendant nor the 3rd, 4th, 5th, 6thDefendants can validly convert the You WIN programme (Youth Enterprise with Innovation in Nigeria) for Nigerian youths into a You WIN programme (Youth Enterprise with Innovation in Nigeria) exclusively for women (45 years and below)to the exclusion of all the men.

2. A DECLARATION that the absolute conversion of the You WIN programme (Youth Enterprise with Innovation in Nigeria) originally for Nigerian youths (irrespective of gender) into a You WIN programme (Youth Enterprise with Innovation in Nigeria)absolutely gender based is an infringement of Section 1(1) of the Constitution of the Federal Republic of Nigeria 1999 (as amended) and an absolute abuse of power.

3. AN ORDER OF INJUNCTION restraining the 1st, 3rd, 4th, 5th, 6th Defendants from continued violation of Section 42 of the Constitution of the Federal Republic of Nigeria 1999 (as amended) in the conduct of the You WIN programme.

4. AN ORDER mandating the 1st Defendant and/or the 3rd, 4th, 5th, 6thDefendants to comply with Section 42 of the Constitution of the Federal Republic of Nigeria, 1999 (as amended) and revert to the original objective of the You WIN programme (Youth Enterprise with Innovation in Nigeria)for all Nigerian youths within an age provided for by the Defendants irrespective of gender, for the determination of the following questions:

1. Whether the 2012 You WIN Programme (Youth Enterprise with Innovation in Nigeria) for only Women launched by the President of the Federal Republic of Nigeria on www.youwin.org.ng violates the provision of Section 42 of the OF THE CONSTITUTION OF THE FEDERAL REPUBLIC OF NIGERIA, 1999 (AS AMENDED), an unfair advantage or privilege onone gender over another and contradicts the clear objectives of the You WIN programme?

2. Whether the act of the President of the Federal Republic of Nigeria and/or the 3rdto 6th defendants in converting the You WIN National programme for youth into a programme for only Women constitutes public indiscretion and an abuse of power contrary to the provisions of Section 1(1) of the OF THE CONSTITUTION OF THE FEDERAL REPUBLIC OF NIGERIA, 1999 (AS AMENDED).

Dated this day of .. 2012

_______________________ THE REGISTRAR TIMI OLAGUNJU, ESQ

Counsel to the Plaintiff Sync Legal, c/o Bamidele Popoola Esq, 23A, Mike Ichie Ejezie street, Lekki Phase 1, Lagos. Tel: 08169011777, 08023797163. timiolagunju@sync-legal.com, timi4nigeria_esq@ymail.com

This summons was taken out by Timi Olagunju, Esq of Sync Legal of 23A, Mike Ichie Ejezie street, Lekki Phase 1, Lagos, Legal Practitioners for the above-named Timi Olagunju as Plaintiff. The defendant may appear hereto by entering personally or by a Legal Practitioner either by filing the appropriate processes (as in Order 7) in response at the Registry of the Court where the summons was issued or by sending them to that office by any of the methods allowed by these Rules. Note: If the Defendants does not respond within the time at the place above-mentioned, such orders will be made and proceedings may be taken as the Judge may think just and expedient. ADDRESS FOR SERVICE: 1. PRESIDENT OF THE FEDERAL REPUBLIC OF NIGERIA, Aso Rock Villa, Three Arms Zone, FCT, Abuja. 2. FEDERAL MINISTRY OF JUSTICE, Shehu Shagari Way, Central Area, Abuja.

3. FEDERAL MINISTRY OF COMMUNICATION TECHNOLOGY, Federal Secretariat Complex 3rd Floor, B Wing - Phase I, Annex II Shehu Shagari Way 4. FEDERAL MINISTRY OF YOUTH DEVELOPMENT, New Federal Secretariat Complex, Maitama, Sule, Garki, Abuja Tel: 09-5235902-7 5. FEDERAL MINISTRY OF FINANCE (Opposite Central Bank) P.M.B. 14, Garki, Abuja Tel: 09-2340946; 2340324; 2343783; 2343784 2343786; Fax: 09-2340512 6. FEDERAL MINISTRY OF INFORMATION Federal Secretariat, 2nd & 3rd Floors Abuja Tel: 09-5237183 7. NATIONAL YOUTH COUNCIL OF NIGERIA, 4,Ikot Ekpene Close, Off Emeka Anyaokwu Street, Area 11 Garki, Abuja.

IN THE FEDERAL HIGH COURT OF NIGERIA IN THE IKEJA-LAGOS JUDICIAL DIVISION HOLDEN AT LAGOS SUIT NO: BETWEEN TIMI OLAGUNJU, ESQ. AND 1. THE PRESIDENT, FEDERAL REPUBLIC OF NIGERIA 2. ATTORNEY-GENERAL OF THE FEDERATION 3. FEDERAL MINISTRY OF COMMUNICATION TECHNOLOGY 4. FEDERAL MINISTRY OF YOUTH DEVELOPMENT {. DEFENDANTS 5. FEDERAL MINISTRY OF FINANCE 6. FEDERAL MINISTRY OF INFORMATION 7. NATIONAL YOUTH COUNCIL OF NIGERIA AFFIDAVIT IN SUPPORT OF THE ORIGINATING SUMMONS I, TIMI OLAGUNJU, ESQ. Christian, Nigerian citizen, Legal Practitioner, of Sync Legal, 23A, Mike Ichie Ejezie street, Lekki Phase 1, Lagos hereby make oath and aver as follows: 1. That I am the plaintiff in the matter and a legal practitioner and a citizen of Nigeria. 2. That as a legal practitioner I am under oath to uphold the Constitution of the Federal Republic of Nigeria and the rule of law. 3. That I know as a fact that the You WIN(Youth Enterprise with Innovation in Nigeria) programme is a Federal Government initiative and a National programme with its website address as www.youwin.org.com. 4. That I know as a fact that You WIN(Youth Enterprise with Innovation in Nigeria) programme was launched by the President on Tuesday, 11th October, 2011 with the main objective of attracting ideas and innovations from young entrepreneurial aspirants from {.PLAINTIFF

Universities, Polytechnics, Technical colleges, and other post-Secondary institutions in Nigeria irrespective of gender (Attached and marked is the text of the objectives of the said You WIN programme as EXHIBIT You WIN 1 as published by the You WIN website on www.youwin.org.ng as at Wednesday, 12th day of September, 2012). 5. That I know as a fact that it has been widely reported in the media that in 2011, the 1st defendant launched the You WIN originally for all Nigerian youths irrespective of sex (Attached and marked is the text of the Presidents speech on the launching of You WIN in 2011 as EXHIBIT You WIN 2 as published by an online newspaper www.nigeriafirst.org/article_11501.shtml dated, 11 October, 2011). 6. That I know as a fact that the 3rd, 4th, 5th, 6th defendants are the Ministries of the Federal Government in charge of the (You WIN) Youth Enterprise with Innovation in Nigeria programme in 2011 and 2012. 7. That the 2nd Defendant is the Chief Law Officer of the Federal Republic of Nigeria responsible for advising the Government of the Federation including all its agencies on all legal issues. 8. That I know that as a fact the 1st to the 7th defendants are bound by law and social justice to ensure that Nigerians; including Nigerian youths, benefits from their administrative and executive actions, policies and programmes without discrimination; be it on grounds of gender. 9. That I know as a fact that the defendants can only act or initiate a National action, programme and policy in line with the Constitution of the Federal Republic of Nigeria. 10. That I know as a fact that the defendants on Monday 3rd, September, 2012 re-named and re-launched the You WIN programme into an entirely female programme named You WIN! Women to the exclusion of all eligible males. 11. That I know as a fact that that 2012 You WIN! Women is discriminatory and contradicts the entire objectives of programme till this date. 12. That I know as a fact that this is contrary to the provision of the Constitution of the Federal Republic of Nigeria. 13. That as a Nigerian, a youth and a legal practitioner I have an interest and a right to be governed in accordance with the Constitution and the rule of law without any discrimination on gender grounds.

14. That I know as a fact that the Constitution of the Federal Republic of Nigeria 1999 is supreme over and above any person or interest. 15. That it is in the interest of justice, constitutional and democratic development of Nigeria to grant the prayers contained in this originating Summons. 16. That I depose to this affidavit in good faith conscientiously believing the same to be true, and by virtue of the provision of the Oaths Act, 2004.

.. DEPONENT

SWORN TO AT THE FEDERAL HIGH COURT REGISTRY, IKEJA, LAGOS

THIS ..................... DAY OF .. 2012

BEFORE ME COMMISSIONER FOR OATH

ADDRESS FOR SERVICE: 1. PRESIDENT OF THE FEDERAL REPUBLIC OF NIGERIA, Aso Rock Villa, Three Arms Zone, FCT, Abuja. 2. FEDERAL MINISTRY OF JUSTICE, Shehu Shagari Way, Central Area, Abuja.

3. FEDERAL MINISTRY OF COMMUNICATION TECHNOLOGY, Federal Secretariat Complex 3rd Floor, B Wing - Phase I, Annex II Shehu Shagari Way 4. FEDERAL MINISTRY OF YOUTH DEVELOPMENT, New Federal Secretariat Complex, Maitama, Sule, Garki, Abuja Tel: 09-5235902-7 5. FEDERAL MINISTRY OF FINANCE (Opposite Central Bank) P.M.B. 14, Garki, Abuja Tel: 09-2340946; 2340324; 2343783; 2343784 2343786; Fax: 09-2340512 6. FEDERAL MINISTRY OF INFORMATION Federal Secretariat, 2nd & 3rd Floors Abuja Tel: 09-5237183 7. NATIONAL YOUTH COUNCIL OF NIGERIA, 4,Ikot Ekpene Close, Off Emeka Anyaokwu Street, Area 11 Garki, Abuja.

IN THE FEDERAL HIGH COURT OF NIGERIA IN THE IKEJA-LAGOS JUDICIAL DIVISION HOLDEN AT LAGOS SUIT NO: BETWEEN TIMI OLAGUNJU, ESQ. AND 1. THE PRESIDENT, FEDERAL REPUBLIC OF NIGERIA 2. ATTORNEY-GENERAL OF THE FEDERATION 3. FEDERAL MINISTRY OF COMMUNICATION TECHNOLOGY 4. FEDERAL MINISTRY OF YOUTH DEVELOPMENT {. DEFENDANTS 5. FEDERAL MINISTRY OF FINANCE 6. FEDERAL MINISTRY OF INFORMATION 7. NATIONAL YOUTH COUNCIL OF NIGERIA {.PLAINTIFF

PLAINTIFFS WRITTEN ADDRESS 1.0. 1.1. INTRODUCTION This is an address in support of the Plaintiffs Originating Summons against the

Defendants dated 13th day of September, 2012. The Originating Summons is supported by a Sixteen (16) paragraph affidavit deposed to by Timi Olagunju, Esq, the plaintiff. 1.2. Attached to the Originating Summons are two (2) Exhibits marked You WIN 1 and You

WIN 2, which includes; a copy of the objectives of the said You WIN programme as EXHIBIT You WIN 1 as published by the You WIN website on www.youwin.org.ng as at Wednesday, 12th day of September, 2012; text of the Presidents speech on the launching of You WIN in 2011 as EXHIBIT You WIN 2 as published by an online newspaper http://www.nigeriafirst.org/article_11501.shtml dated, 11 October, 2011.

1.3.

In the Originating Summons, the Plaintiff submits for the determination of this

Honourable Court two (2) questions as follows: 1. Whether the 2012 You WIN Programme (Youth Enterprise with Innovation in Nigeria) for only Women launched by the President of the Federal Republic of Nigeria on www.youwin.org.ng violates the provision of Section 42 of the OF THE CONSTITUTION OF THE FEDERAL REPUBLIC OF NIGERIA, 1999 (AS AMENDED), an unfair advantage or privilege on one gender over another and contradicts the clear objectives of the You WIN programme?

2. Whether the act of the President of the Federal Republic of Nigeria and/or the 3rdto 6th defendants in converting the You WIN National programme for youth into a programme for only Women constitutes public indiscretion and an abuse of power contrary to the provisions of Section 1(1) of the OF THE CONSTITUTION OF THE FEDERAL REPUBLIC OF NIGERIA, 1999 (AS AMENDED)? 1.4. The Plaintiff, in the said Originating Summons, also claims the following reliefs

against the Defendants: 1.4.1 A DECLARATION that by virtue of Section 42 of the Constitution of the Federal Republic of Nigeria, 1999 (as amended), neither the 1st Defendant nor the 3rd, 4th, 5th, 6thDefendants can validly convert the You WIN programme (Youth Enterprise with Innovation in Nigeria) for Nigerian youths into a You WIN programme (Youth Enterprise with Innovation in Nigeria) exclusively for women (45 years and below) to the exclusion of all the men. 1.4.2 A DECLARATION that the absolute conversion of the You WIN programme (Youth Enterprise with Innovation in Nigeria) originally for Nigerian youths (irrespective of gender) into a You WIN programme (Youth Enterprise with Innovation in Nigeria) absolutely gender based is an infringement of Section 1(1) of the Constitution of

the Federal Republic of Nigeria 1999 (as amended) and an absolute abuse of power. 1.4.3 AN ORDER OF INJUNCTION restraining the 1st, 3rd, 4th, 5th, 6th Defendants from continued violation of Section 42 of the Constitution of the Federal Republic of Nigeria 1999 (as amended) in the conduct of the You WIN programme. 1.4.4 AN ORDER mandating the 1st Defendant and/or the 3rd, 4th, 5th, 6thDefendants to comply with Section 42 of the Constitution of the Federal Republic of Nigeria, 1999 (as amended) and revert to the original objective of the You WIN programme (Youth Enterprise with Innovation in Nigeria)for all Nigerian youths within an age provided for by the Defendants irrespective of gender.

2.0. 2.1.

FACTS OF THIS CASE The facts of this case are as contained in the Plaintiffs affidavit. Nevertheless, for ease

of appreciation, the summary of the facts of this case are as follows. 2.2. In the 2011 the Youth Enterprise with Innovation in Nigeria (You WIN) programme was launched by the President on Tuesday, 11th October, 2011 on www.youwin.org.ng with the main objective of attracting ideas and innovations from young entrepreneurial aspirants from Universities, Polytechnics, Technical colleges, and other post-Secondary institutions in Nigeria irrespective of gender. The first edition was held in 2011 in which Nigerian youths of 35 years old and below applied and 1200 were declared winners. 2.3. The President of the Federal Republic of Nigeria either directly and through the relevant Ministries of the Government of the Federation, in this case the 3rd to 6th Defendant defied, neglected and jettisoned the original objectives of the You WIN and the Nigerian constitution they swore to uphold by restricting You WIN along gender lines; renamed You WIN Women.In 2012, the programme changed from an all youth affair to an all-female affair. 2.4. Aggrieved by the total neglect of the 1999 Nigerian Constitution and the discrimination as to who applies for the You WIN programme on gender lines by the Executive headed by the President, Federal Republic of Nigeria and by the 3rd to 6th defendants as well as the overt silence

of the youth body; the National Youth Council of Nigeria, the 7th Defendant, the Plaintiff has therefore approached this Honourable Court for a determination of the questions contained in the Originating Summons for the purpose of the above referred reliefs.

3.0 ARGUMENT ON ISSUES 3.1. The Plaintiff hereby submits the following sole issue for the determination of this Honourable Court: In view of the mandatory effects of the combined provisions of sections 1 (1), 42 of the Constitution of the Federal Republic of Nigeria, 1999 (as amended), whether the 1st, 3rd, 4th, 5th, 6thDefendants administrative and executive action and policy of converting the You WIN for youths programme into the You WIN for only Women programme is not illegal, unconstitutional and null and void and whether the Plaintiff is consequently entitled to all the reliefs contained in its Originating Summons. 3.2 ARGUMENT ON 1ST QUESTION 3.2.1 By the first question in the Plaintiffs Originating Summons, this

Honourable Court is being urged to determine whether the 2012 You WIN Programme (Youth Enterprise with Innovation in Nigeria) for only Women launched by the President of the Federal Republic of Nigeria on www.youwin.org.ng violates the provision of Section 42 of the OF THE CONSTITUTION OF THE FEDERAL REPUBLIC OF NIGERIA, 1999 (AS AMENDED), an unfair advantage or privilege on one gender over another and contradicts the clear objectives of the You WIN programme? 3.2.2 My Lord, the relevant law governing the guidance of administrative and executive

policies, actions and programmes of the Federal Government in circumstances of this nature, is contained in Sections 42 of the Constitution of the Federal Republic of Nigeria, 1999 (as amended). The said sections provide as follows: 42 (1) A citizen of Nigeria of a particular community, ethnic group, place of origin, sex, religion or political opinion SHALL not, by reason only that he is such a person:-

(a) be subjected either expressly by, or in the practical application of, any law in force in Nigeria or any executive or administrative action of the government, to disabilities or restrictions to which citizens of Nigeria of

other communities, ethnic groups, places of origin, sex, religions or political


opinions are not made subject; or (b) be accorded either expressly by, or in the practical application of, any law in force in Nigeria or any such executive or administrative action, any

privilege or advantage that is not accorded to citizens of Nigeria of other


communities, ethnic groups, places of origin, sex, religions or political opinions. 3.2.3 The above provisions show convincingly that in no way does the constitution approve of or accommodate the gender restriction as created by the 1st, 3rd, 4th, 5th, 6thdefendants in the 2012 You WIN programme. This is because the programme subjects the men to restrictions that the women are not subjected to; absolute restriction to the men from participation because of their sex. Furthermore, the programme as an administrative and executive decision of the 1st, 3rd, 4th, 5th, 6thDefendants accords privileges and advantages to the female gender with the express exclusion of the male gender. This administrative action clearly contradicts the above provision of the Constitution. 3.2.4. My Lord, we submit that what is clear from the foregoing provisions is that any

executive or administrative action of the government SHALL observe and follow the
following constitutional guideline: that a citizen of Nigeria of a particular sex SHALL NOT by reason that he is such a sex be subjected to restrictions to which citizens of Nigeria of other sex are NOT subject to. Therefore, any administrative or executive action, policy or programme that fails to observe the above constitutional guideline does great harm and violence to the spirit and letters of the Constitution which is the fons et origo of our democracy. In view of the common persons perspective, if the 2012 You WIN programme was re-

3.2.5

named 2012 You WIN for Men (to the exclusion of eligible women), would such not have raised serious gender intentions of discrimination against women on the part of the Federal

Government? Then, it should NOT be otherwise when eligible Nigerian men are faced with such clear discrimination on gender grounds because reciprocity is reciprocal. 3.2.6 In EXHIBIT You WIN 2, a text of the Presidents 2011 You WIN speech paragraph 15

states: In line with renewed commitment to regular performance evaluation and measurement, this administration will monitor the programme closely over the next three years of its implementation to ensure that it remains responsive to the NEEDS of young Nigerian MEN and WOMEN. 3.2.7 It is important to bring to the judicial mind of the court the fact that in Section 42 (1) (a) & (b) of the Constitution as reproduced above, the drafters of the Constitution use the word shall. The word shall, when used in a Constitutional provision, conveys a command and compulsion. Where the word shall has been used, the courts have interpreted the word in the context of command and authority bereft of discretion. See BUHARI v. INEC (2008) 12 S.C. (PT. 1) 1 @ 88 Paragraphs 25-35. 3.2.8 In the case of BAMAIYI v. AG FEDERATION [2001] 12 NWLR (PT.727) 468 @ 497,

paragraphs F-G, the Supreme Court stated thus: the word shall in the ordinary meaning of the word, connotes a command, and that which must be given a compulsory meaning. It has a peremptory meaning which is generally imperative and mandatory. It has the significance of excluding the idea of discretion to impose a duty. Where a provision provides that a thing shall be done, the natural meaning is that a peremptory mandate is enjoined. 3.2.9. In the instant case, it is the case of the Claimant that whereas the defendants have the

power to institute and initiate a National programme, policy of any nature, it must do so with regards to the express provisions of the grund norm, the 1999 Constitution of the Federal Republic of Nigeria. 3.2.10. On the authority of the mandatory provisions of the Sections 42 of the Constitution as

reproduced above and the above-cited cases, we submit that the 1st Defendant, the President of the Federal Republic of Nigeria and the 3nd to the 6th defendants or any other person acting on their instructions cannot lawfully institute, launch or continue National You WIN programme for only women whilst excluding the men from participating. We urge the court to so hold.

3.3 ARGUMENT ON SECOND QUESTION 3.3.1. My Lord, the Plaintiff also prays this Honourable Court to determine

Whether the act of the President of the Federal Republic of Nigeria and/or the 3rdto 6th defendants in converting the You WIN National programme for youth into a programme for only Women constitutes public indiscretion and an abuse of power contrary to the provisions of Section 1(1) of the OF THE CONSTITUTION OF THE FEDERAL REPUBLIC OF NIGERIA, 1999 (AS AMENDED). 3.3.2 We argue further that the constitution is sacred and preserves the fundamental principles

of our corporate existence. Needless to argue that it is the Constitution that donates powers to the different arms of government, creates rights and limitations thereto and all discretions are subject to its leadings. No action can therefore be initiated by any arm of government otherwise than as provided in the Constitution. Where any purported act is exercised in disregard of the provisions of the Constitution by any arm of government, there is a duty on the court to strike down such purported exercise of power and declare same null and void. 3.3.3 The Supreme Court had opportunity to pronounce on the supremacy of the Constitution

when in BALONWU VS. GOVERNOR ANAMBRA STATE (2009) 12 S.C.(PT.1) 31 @ 56 MOHAMMED JSC it held inter alia; It has been said time without number in many decisions of this court that the Constitution is an organic instrument which confers powers and also creates rights and limitations. It is the supreme law in which certain principles of fundamental nature are established. Thus, once the powers, the rights and limitations under the Constitution are identified as having been created, their existence cannot be disputed in a court of law. 3.3.4 Similarly, the apex court seized the opportunity presented by the case of ATTORNEY-

GENERAL OF ABIA STATE VS. ATTORNEY-GENERAL OF THE FEDERATION (2002) 6 NWLR (PT. 764) 264 @ 479 PARAGRAPHS D F when the very learned KALGO JSC held thus; The supremacy of the Constitution has made it abundantly clear and in no uncertain terms that

the provisions of the Constitution are superior ... and are binding and must be observed and respected by all persons and authorities in Nigeria. 3.3.5 Therefore, in view of the authorities referred to in paragraph 3.3.3 and 3.3.4 and Section 1(1) of the Nigerian Constitution, it is humbly submitted that the 1st, 3rd, 4th, 5th, 6th Defendants CANNOT BY DISCRETION initiate, launch or continue with the new policy on the You WIN programme except in absolute fairness to gender equality and their actions must be clearly guided by section 42 of the 1999Nigerian Constitution (as amended). Any act of discretion otherwise will be unconstitutional and against the social and democratic spirit of the Nigerian state. We urge the court to so hold. 4.0. CONCLUSION In view of our arguments on questions 1 to 2 above, this Honourable Court is therefore urged to grant all the prayers and/or reliefs sought by the Plaintiff as contained in the Originating Summons. Dated this . day of 2012. ................................... TIMI OLAGUNJU, ESQ Counsel to the Plaintiff Sync Legal, c/o Bamidele Popoola Esq, 23A, Mike Ichie Ejezie street, Lekki Phase 1, Lagos. Tel: 08169011777, 08023797163. timiolagunju@sync-legal.com, timi4nigeria_esq@ymail.com

ADDRESS FOR SERVICE: 1. PRESIDENT OF THE FEDERAL REPUBLIC OF NIGERIA, Aso Rock Villa, Three Arms Zone, FCT, Abuja. 2. FEDERAL MINISTRY OF JUSTICE, Shehu Shagari Way, Central Area, Abuja. 3. FEDERAL MINISTRY OF COMMUNICATION TECHNOLOGY, Federal Secretariat Complex 3rd Floor, B Wing - Phase I, Annex II Shehu Shagari Way 4. FEDERAL MINISTRY OF YOUTH DEVELOPMENT, New Federal Secretariat Complex, Maitama, Sule, Garki, Abuja Tel: 09-5235902-7 5. FEDERAL MINISTRY OF FINANCE (Opposite Central Bank) P.M.B. 14, Garki, Abuja Tel: 09-2340946; 2340324; 2343783; 2343784 2343786; Fax: 09-2340512 6. FEDERAL MINISTRY OF INFORMATION Federal Secretariat, 2nd & 3rd Floors Abuja Tel: 09-5237183 7. NATIONAL YOUTH COUNCIL OF NIGERIA, 4,Ikot Ekpene Close, Off Emeka Anyaokwu Street, Area 11 Garki, Abuja.

LIST OF AUTHORITIES JUDICIAL 1. BUHARI v. INEC (2008) 12 S.C. (PT. 1) 1 @ 88 Paragraphs 25-35. 3.2.7 2. BAMAIYI v. AG FEDERATION [2001] 12 NWLR (PT.727) 468 @ 497 3. BALONWU VS. GOVERNOR ANAMBRA STATE (2009) 12 S.C.(PT.1) 31 @ 56 4. ATTORNEY-GENERAL OF ABIA STATE VS. ATTORNEY-GENERAL OF THE FEDERATION (2002) 6 NWLR (PT. 764) 264 @ 479 PARAGRAPHS D F

STATUTORY Sections 1 (1) & 42 of the CONSTITUTION OF THE FEDERAL REPUBLIC OF NIGERIA (as amended)

TIMI OLAGUNJU, ESQ Counsel to the Plaintiff Sync Legal, c/oBamidelePopoolaEsq, 23A, Mike IchieEjeziestreet, Lekki Phase 1, Lagos. Tel: 08169011777, 08023797163. timiolagunju@sync-legal.com, timi4nigeria_esq@ymail.com

IN THE FEDERAL HIGH COURT OF NIGERIA IN THE IKEJA-LAGOS JUDICIAL DIVISION HOLDEN AT LAGOS SUIT NO: MOTION NO: .... BETWEEN TIMI OLAGUNJU, ESQ. AND {.PLAINTIFF

1. THE PRESIDENT, FEDERAL REPUBLIC OF NIGERIA 2. ATTORNEY-GENERAL OF THE FEDERATION 3. FEDERAL MINISTRY OF COMMUNICATION TECHNOLOGY 4. FEDERAL MINISTRY OF YOUTH DEVELOPMENT {. DEFENDANTS 5. FEDERAL MINISTRY OF FINANCE 6. FEDERAL MINISTRY OF INFORMATION 7. NATIONAL YOUTH COUNCIL OF NIGERIA MOTION EXPARTE BROUGHT PURSUANT TO ORDER 26 OF THE FEDERAL HIGH COURT (CIVIL PROCEDURE RULES) 2009 AND UNDER THE INHERENT JURISDICTION OF THIS HONOURABLE COURT TAKE NOTICE that this Honourable Court will be moved on . the . of September, 2012 at the Hour of 9 O Clock in the forenoon or so soon thereafter as counsel on behalf of the Plaintiff can be heard praying this Court for the following orders:

1. AN ORDER OF INTERIM INJUCTION restraining the 1st, 3rd, 4th, 5th, 6thDefendants from continuing with the You WIN Women programmme pending the determination of this suit. 2. AND for such further order or orders as this Honourable Court may deem fit to make in the circumstances.

DATED this 12th day of September, 2012 TIMI OLAGUNJU, ESQ Counsel to the Plaintiff Sync Legal, c/o Bamidele Popoola Esq, 23A, Mike Ichie Ejezie street, Lekki Phase 1, Lagos. Tel: 08169011777, 08023797163. timiolagunju@sync-legal.com, timi4nigeria_esq@ymail.com

IN THE FEDERAL HIGH COURT OF NIGERIA IN THE IKEJA-LAGOS JUDICIAL DIVISION HOLDEN AT LAGOS SUIT NO: MOTION NO: BETWEEN TIMI OLAGUNJU, ESQ. AND 1. THE PRESIDENT, FEDERAL REPUBLIC OF NIGERIA 2. ATTORNEY-GENERAL OF THE FEDERATION 3. FEDERAL MINISTRY OF COMMUNICATION TECHNOLOGY 4. FEDERAL MINISTRY OF YOUTH DEVELOPMENT {. DEFENDANTS 5. FEDERAL MINISTRY OF FINANCE 6. FEDERAL MINISTRY OF INFORMATION 7. NATIONAL YOUTH COUNCIL OF NIGERIA AFFIDAVIT OF URGENCY IN SUPPORT OF MOTION EXPARTE I, TIMI OLAGUNJU, ESQ., Christian, Nigeria citizen, Legal Practitioner of Sync Legal, 23A, Mike Ichie Ejezie street, Lekki Phase 1, Lagos hereby make oath and aver as follows:
1. 2.

{.PLAINTIFF

That I am the plaintiff in the matter and a legal practitioner and a citizen of Nigeria. That as a legal practitioner I am under oath to uphold the Constitution of the Federal Republic of Nigeria and the rule of law.

3.

That I know as a fact that the You WIN WOMEN has been launched on www.youwin.org.ng on Monday, September 3, 2012

4.

That I know as a fact that the You WIN is a time based programme in which submissions of interested candidates will close in the shortest possible time of less than 4 weeks from

this date(attached is a copy of the 2012 You WIN Women deadline as provided for on www.youwin.org.ng as EXHIBIT You WIN 3)
5.

That I know as a fact that the 2012Youth Enterprise with Innovation in Nigeria (You WIN) programme for only Women undermines the Fundamental Rights against discrimination under the 1999 Nigerian Constitution.

6.

That I know as a fact that to continue with the 2012 You WIN Women programme will cause irreversible and irreparable damage to the excluded eligible Nigerian men.

7.

That I know as a fact that the Constitution of the Federal Republic of Nigeria 1999 is supreme over and above any person or interest and is the guiding compass for the actions, policies of the Nigerian Government and its agencies.

8. 9. 10.

That the interest of the defendants will not be adversely affected. That it is in the interest of justice to hear this application expeditiously. That I depose to this affidavit in good faith conscientiously believing the same to be true, and by virtue of the provision of the Oaths Act, 2004. ... DEPONENT

SWORN TO AT THE FEDERAL HIGH COURT REGISTRY, IKEJA, LAGOS

THIS ........... DAY OF .. 2012

BEFORE ME

COMMISSIONER FOR OATH