suit on vaccination of civil servants

It followed his withdrawal of the suit after multiple adjournments, which resulted in events overtaking it.

Ubani, a former Ikeja Branch Chairman of the NBA, filed the suit on December 22, 2021, following the Federal Government’s directive that all civil servants must be compulsorily vaccinated against COVID-19.

The Secretary to the Government of the Federation (SGF), the Attorney-General of the Federation and the Federal Government were the respondents in the suit numbered FHC/L/CS/1951/2021.

Justice Nicholas Oweibo adjourned the case to June 15, 2022, but the hearing could not proceed because the judge had many rulings and judgments to write within the annual vacation period which commenced in July.

The matter was adjourned to October 19, 2022.

On October 19, the matter was not listed on the cause list, and the respondents were not present or represented.

The matter was further adjourned to November 15, 2022, but the court did not sit that day. The case was further adjourned to February 15, 2023.

On February 15, Justice Oweibo asked whether there was still a live issue to be determined since the COVID-19 pandemic was over and the Federal Government had jettisoned the idea of vaccinating civil servants.

The judge believed that events have overtaken the reliefs sought by Ubani and that proceeding with the matter would amount to a mere academic exercise.

Justice Oweibo adjourned till May 3 to enable Ubani, who was not present in court on February 15, to decide whether to proceed.

Ubani, after reviewing the case with his associates, agreed with the judge that indeed events have overtaken the reliefs sought, and the case had become academic.

He, however, expressed dissatisfaction with the snail speed at which cases are determined.

Ubani noted that if the adjudication process is fast, the matter would have long been concluded.

On May 3, Ubani withdrew the case, and Justice Oweibo struck it out.

Ubani had prayed for a declaration that the directive to all civil servants to show proof of vaccination or present a negative PCR test result done within 72 hours before they can gain access to their various offices within Nigeria and missions abroad is unconstitutional.

He said it violated the constitutional rights of Nigerians 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 (as amended).

Ubani prayed the court to hold that the directive, issued on December 1, 2021, is illegal having not been backed by any legislative enactment.

Besides, he said violates the contractual terms of employment between the civil servants and the government.

The NBA Section on Public Interest and Development Law (SPIDEL) Chairman sought an order of perpetual injunction restraining the SGF from implementing the directive.

The Federal Government, through the SGF, filed a counter affidavit denying any plan to embark on compulsory vaccination of civil servants.

“The Federal Government did not and does not plan to embark on compulsory vaccination as contemplated throughout the plaintiff’s affidavit.

“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 respondent stated.