A human rights lawyer, Notary Public and public interest litigator, Desmond Dadu Tabakwot, has filed a fundamental rights enforcement action before the Kaduna State High Court challenging the indefinite closure of schools by Governor Nasir El-Rufai.
In an Originating Motion, defendants in the suit are the Governor of the State; the Attorney-General of the state and Commissioner of Education as first, second and third Respondents respectively
Tabakwot, who practices in the Law Firm of Messer. Reuben James & Co. said he is suing for and on behalf of Mitchell and Mildred Tabakwot and all the students (in every Nursery, Primary, Secondary, and Tertiary Institutions) in Kaduna State and is seeking for a declaration that governor El-Rufai has a constitutional duty and responsibility to ensure the observance, application and enforcement of the objectives set out under section 18 (1) of the Constitution of the Federal Republic of Nigeria, 1999 (as amended).
He is also seeking a declaration that all the students in Kaduna State are entitled to the enjoyment of the objectives set out under section 18 (1) of the Constitution and the rights enshrined under Article 17 (1) of the African Charter on Human and Peoples’ Rights (Ratification and Enforcement) Act, Cap A9, Laws of the Federation of Nigeria, 2004.
The lawyer urged the court to order El-Rufai to forthwith open the all the Schools in Kaduna State to enable normal academic activities to resume thereat.
According to him, the Federal Government of Nigeria on Thursday, January, 14th 2021 in Abuja directed that all public and private schools across the country should resume on Monday, January, 18th, 2021, and the schools should adhere strictly to Covid-19 protocols pursuant to which other schools and institutions in other States like Lagos State the FCT and Kano State have resumed full academic session with normal academic’s activities going on.