The Federal High Court sitting in Lagos has struck out a suit filed by the Chairman, Nigerian Bar Association Section on Public
Interest and Development Law, Dr Monday Ubani, challenging the Federal Government on compulsory COVID vaccination for civil servants in 2020.
Justice Nicholas Oweibo struck out the matter after Ubani withdrew the case as events had overtaken the reliefs sought and COVID-19 pandemic was over and the Federal Government had jettisoned the idea of compulsory vaccination for civil servants.
Ubani had on December 22, 2021, filed the case before the court in a suit marked FHC/L/CS/1951/2021, following the directive of the Federal Government that all federal civil servants should be compulsorily vaccinated against the Covid-19 virus in 2020. The respondents in the suit were the Secretary to the Government of the Federation, the Attorney General of the Federation and the Federal Government.
The reliefs he sought among others from the court were a declaration that the directive given by the first respondent to civil servants in Nigeria to the effect that with effect from December 1, 2021 they should show proof of vaccination or present a negative COVID-19 PCR test result done within 72 hours before they could gain access to their various offices within Nigeria and missions abroad, was unconstitutional, having violated the constitutional rights of Nigerian civil servants to life, dignity, privacy, freedom from discrimination, freedom of thought, conscience and religion as guaranteed by sections 34, 37 and 38 of the 1999 Constitution of the Federal Republic of Nigeria.
However, the matter was assigned to Justice Oweibo and the Federal Government through the Secretary to the Government of the Federation filed a counter affidavit to the suit on February 28, 2022, wherein it denied any plan to embark on compulsory vaccination of civil servants as contemplated by the plaintiff.
It stated in paragraph 13 of its counter affidavit, “The Federal Government did not and does not plan to embark on compulsory vaccination as contemplated throughout the plaintiff’s affidavit but more specifically in paragraphs 8,9,10 and 11, as the Federal Government was deliberate in providing two alternatives for civil servants to choose from, to wit, “proof of COVID-19 vaccination” or “present a negative COVID-19 PCR test result done within 72 hours.”
The matter was then adjourned to June 15, 2022, for a hearing but the hearing could not proceed because the judge said he had many rulings and judgments to write within the annual vacation which started in July.
The case suffered several adjournments until February 15, 2023, for a hearing and when the matter was called, the court raised the issue as to whether there was a need for the court to determine the matter considering the fact that COVID-19 pandemic was over and the Federal Government had jettisoned the idea of vaccinating the civil servants.
Justice Oweibo adjourned the matter to May 3, 2023, to enable the plaintiff, who was not present in court on February 15, to decide whether in view of the present circumstance he still intended to proceed with the matter.
After the plaintiff reviewed the case with his associates, Ubani on May 3, 2023, withdrew it and the court struck it out.
