Activist-Lawyer Monday Ubani has sued the Federal Government at the Federal High Court in Lagos over an alleged plan for compulsory vaccination of civil and puplic servants.
Listed in the suit marked FHC/L/CS/1951/2021, as defendants are the Secretary to the Government of the Federation (SFG); Attorney-General of the Federation (AGF) and Federal Government of Nigeria (FGN) as first to third respondents,
Ubani, ìn the suit before Justice Nicholas Oweibo, is challenging the demand for compulsory COVID-19 vaccination of all civil servants before they can have access to their offices with effect from December 1, 2021.
Ubani is praying the court for four reliefs.
They include “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 unconstitutional, having violated the 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 (as amended).
“A declaration that the directive is illegal having not been backed by any legislative enactment.
“A declaration that the directive violates the contractual terms of employment between Nigerian civil servants and the government.
“An order of perpetual injunction restraining the 1st Respondent from implementing or further implementing the directive.
However, the SFG, who is also the Chairman of the Presidential Task Force on COVID-19 (now Presidential Steering Committee on COVID-19), in a counter affidavit filed before the court, on behalf of the Federal Government, denied that it planned to embark on compulsory vaccination on all civil servants.
The AGF in paragraph 13 of the said counter affidavit stated as follows: “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 government further stated that “it does not have a compulsory vaccination policy and actual administration of vaccination takes into account relevant peculiarities which include health records/history for people who are to be vaccinated.”
Justice Oweibo has adjourned the matter till October 19, 2022 for hearing.