By Onyewuchi Ojinnaka
Consequent upon the judgement of a Federal High Court which struck out a suit challenging the non enactment of a disability law in Nigeria, the plaintiff, a physically-challenged lawyer, Mr Daniel Onwe, on Friday, filed an appeal at the Appeal Court against the judgment.
Justice Ayokunle Faji of a Lagos High Court had on March 28, struck out Onwe’s suit on the grounds that it disclosed no cause of action.
In the judgement, Justice Faji held that the plaintiff’s Motion on Notice did not disclose any cause of action, as it did not show the acts of the respondents which resulted into filling the suit.
The court further held that the averrments in the affidavit were vague because there were no specific references to particular buildings from where the said harships were suffered.
Consequently, the court struck out the suit.
Displeased with the court’s decision, Onwe, filed a seven grounds notice of appeal, challenging the decision of the Federal High Court, and praying the appellate court to set same aside.
In his notice of appeal, Onwe contends that the lower Court misdirected itself and erred in law by confining itself to only the enactment of disability legislation, to the total exclusion of other aspects.
He averred that the honorable court avoided making any pronouncement on the interpretations of Sections 34, 39,40 and 41, of the 1999 Constitution which formed the crux of the suit.
The physically-challenged lawyer had argued that the Judge totally neglected clear depositions in his supporting affidavit, such as paragraphs 16 where he stated that as a practicing lawyer, he is unable to access courtrooms located upstairs, which in turn gives him both mental and physical torture.
The applicant, therefore, prayed the appellate court to allow his Appeal, set aside the Judgment of the lower court, and grant the reliefs sought.
A date for hearing of the appeal will be communicated to parties.
The physically-challenged lawyer had commenced the suit against the National Assembly (NASS) in 2014 over alleged failure to enact a law protecting the rights of persons living with disabilities in the country
He had also demanded broad interpretation of the constitutional rights to dignity of human person,freedom of expression, Association and freedom of movement to acvommodate the pecularities of persons with disabilities.
The lawyer had contended that the absence of a disability law amonted to a violation of the rights of physically challenged who he estimated at over 25 million in the country, adding that their inability to access highrise buildings and structures also amounted to deprivation.
Onwe has therefore sought for an order mandating the respondent to immediately enact the necessary laws to protect the rights of persons living with disabilities in Nigeria.
The plaintiff had first commenced his suit at the lower court before Justice Mohammed Yunusa, but the case was later transferred to Justice Jude Dagat after the transfer of Yunusa from the Lagos division of the court.
Again, following the transfer of Dagat out of the Lagos jurisdiction, the suit was re-assigned to Justice Mohammed Aikawa.
On February 2, 2017, Justice Aikawa had struck out the plaintiff’s suit, after he informed the court that he was withdrawing same.
Plaintiff’s withdrawal was sequel to a preliminary objection raised by the respondent, that the processes were not properly endorsed for service outside the jurisdiction of the court.
Meawhile, the plaintiff re-filed the suit on February 9, 2017, seeking similar declarative reliefs.
The suit numbered FHC/LA/CS/168/17 was then assigned to Justice Faji, whose judgment delivered on March 28, is now a subject of appeal before the Court of Appeal Lagos.
