Covid-19 Vaccination: NBA-SPIDEL Chair, Ubani Drags SGF, AGF To Court Over Mandatory Vaccination For Civil Servants

The Chairman of the Nigerian Bar Association Section on Public Interest and Development Law (NBA-SPIDEL), Dr. Monday Ubani has instituted an action at the Federal High Court, Lagos Judicial Division challenging the directive of the Federal Government through the Secretary of the Government of the Federation, Boss Mustapha, mandating all federal government workers with effect from 1^st of December 2021 to show proof of COVID-19 vaccination, or present a negative COVID-19 PCR test result done within 72 hours to gain access to their offices in all locations within Nigeria and our Missions.

In the originating summons sighted by The Lawyer, Ubani joined the Secretary of the Government of the Federation, the Attorney General of the Federation and the Federal Government as 1^st, 2^nd and 3^rd Defendants respectively.

In the 22-paragraph affidavit deposed to by Ubani, he claimed inter alia; that the 1^st Defendant in a media briefing on Wednesday, October 13, 2021, stated to the media that with effect from 1^st December, 2021, Federal Government employees shall be required to show proof of COVID-19 vaccination, or present a negative COVID-19 PCR test result done within 72 hours to gain access to their offices in all locations within Nigeria and our Missions.

He further averred that the pronouncement/directive by the Defendants to the Federal Civil servants to show proof of vaccination or present a negative COVID-19 PCR test result done within 72 hours before they can gain access to their offices is hasty, and not backed by any enabling legislation.

“That the said pronouncement/directive if implemented would discriminate against Civil servants and violate the constitutional rights of the Federal Civil servants, particularly their right to life, dignity, privacy, freedom of movement and personal liberty.”

“That the directive did not consider or make room for persons with valid health related or other relevant reasons who may want to opt out of such compulsory vaccination on health ground”

In the Originating Summons, he prays the following;

1. A DECLARATION that the directive given by the 1^st Respondent to all civil servants in Nigeria to the effect that with effect from 1^st 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).
2. A DECLARATION that the directive given by the 1^st Respondent to all civil servants in Nigeria to the effect that with effect from 1^st 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.

• A DECLARATION that the directive given by the 1^st Respondent to all civil servants in Nigeria to the effect that with effect from 1^st 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.

1. AN ORDER of perpetual injunction restraining the 1^st Respondent from implementing or further the directive given to the Federal Civil Servants in Nigeria to the effect that with effect from 1^st 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.

AND SUCH FURTHER ORDER(S) as this Honourable Court may deem fit to make in the circumstance.

It would be recalled that on the 14^th of October 2021, thenigerialawyer reported that the Federal Government throught the Covid-19 taskforce headed by the Secretary of the Government of the Federation mandated that Federal government workers must either present evidence of being vaccinated or a  a negative PCR test taken 72 hours prior before they can be allowed to access their offices.