Update On Dr. Monday Ubani’s Case Against Federal Government On COVID-19 Vaccination

Update On Dr. Monday Ubani’s Case Against Federal Government On COVID-19 Vaccination

Following the directive of the Federal Government that all Federal Civil Servants be compulsorily vaccinated against the Covid-19 virus in 2020, Dr. Monday Onyekachi Ubani challenged the directive in a suit filed on the 22nd day of December, 2021 at the Federal High Court, Ikoyi, Lagos against the Secretary to the Government of the Federation (1st Respondent), The Attorney General of the Federation (2nd Respondent) and the Federal Government of Nigeria (3rd Respondent), in suit No. FHC/L/CS/1951/2021. He sought the following reliefs from the Court:

i. A DECLARATION that the directive given by the 1st Respondent (the Secretary to the Government of the Federation) to all civil servants in Nigeria to the effect that with effect from 1st of December, 2021 they should show proof of vaccination or present a negative covid-19 PCR test result done within 72 hours before they can gain access to their various offices within Nigeria and Missions abroad, is unconstitutional, same 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 (as amended).

ii. A DECLARATION that the directive given by the 1st Respondent to all civil servants in Nigeria to the effect that with effect from 1st of December, 2021 they should show proof of vaccination or present a negative covid-19 PCR test result done within 72 hours before they can gain access to their various offices within Nigeria and Missions abroad is illegal having not been backed by any legislative enactment.

iii. A DECLARATION that the directive given by the 1st Respondent to all civil servants in Nigeria to the effect that with effect from 1st of December, 2021 they should show proof of vaccination or present a negative covid-19 PCR test result done within 72 hours before they can gain access to their various offices within Nigeria and Missions abroad violates the contractual terms of employment between Nigerian civil servants and the government.

iv. AN ORDER of perpetual injunction restraining the 1st Respondent from implementing or further the directive given to the Federal Civil Servants in Nigeria to the effect that with effect from 1st of December, 2021 they should show proof of vaccination or present a negative covid-19 PCR test result done within 72 hours before they can gain access to their various offices within Nigeria and Missions abroad.

The matter was assigned to Honorable Justice I.N. Oweibo.

The Federal Government via the Secretary to the Government of the Federation filed a counter affidavit to the Suit on the 28th day of February, 2021, wherein it denied any plan to embark on compulsory vaccination of Civil Servants as contemplated by the Plaintiff (Monday Onyekachi Ubani). It stated in paragraph 13 of its counter affidavit as follows:

“That 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 8,9,10,11, 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 adjourned to 15th of June 2022 for hearing but on that date the hearing could not proceed because the Judge said he had so many Rulings and Judgments to write within the annual vacation period which commences in the month of July. The matter was adjourned to 19th October, 2022 for hearing. On the 19th October, 2022 it was observed that the matter was not listed on the Cause list for hearing on that date, and the Respondents were not present nor represented in Court by any Counsel.

The matter was further adjourned to 15th November, 2022 for hearing, but on that date the Court did not sit, and the matter was further adjourned to 15th February, 2023 for hearing.

On the 15th February, 2023, the Court raised the issue as to whether there was still a live issue for the Court to determine in view of the fact that COVID-19 pandemic is over and the Federal Government has jettisoned the idea of vaccinating the Civil Servants. The Judge was of the opinion that events have overtaken the reliefs sought by Monday Ubani, and that proceeding with the matter would amount to mere academic exercise.

The Judge had to adjourn the matter to the 3rd day of May, 2023 to enable the Plaintiff – Monday Ubani (who wasn’t present in Court on the 15th February, 2023) to decide whether in view of the present circumstance he still intends to proceed with the matter.

Dr. Monday Ubani, having reviewed the case in chambers with his Associates came to agreement with the view of the Judge that indeed events have overtaken the reliefs sought, and proceeding with the case in the present reality would amount to mere academic exercise.

He however expressed his dissatisfaction with the snail speed with which matters are handled in the Court, stating that if the adjudication process is speedy, the matter would have long been concluded and it wouldn’t get to this point where events will overtake it.

However, on the 3rd day of May, 2023, he withdrew the matter, having been overtaken by events, and the matter was struck out.