COURT DECLINES JURISDICTION IN THE FIGHT BETWEEN TWO DISABILITY GROUPS
A Federal High Court sitting in Enugu has struck out the application filed by the Incorporated Trustees of Initiative for Eradication of Poverty and Empowerment of the Disabled (IFEPED) against the Joint National Association of People With Disability (JONAPWD), for lack of jurisdiction.
The Applicant, IFEPED, had gone to court to challenge the decision of the respondents, JONAPWD, for suspending its activities, including the outcome of the event it held on December 3, 2016 pending the time the Applicant affiliates with it.
IFEPED also challenged the compulsory remittance of 20% of all of its income to JONAPWS saying it was illegal and unconstitutional, as well as a threat to its fundamental right to peaceful assembly and association as guarantee by section four of the 1999 Constitution.
The Applicant sought for perpetual injunctions restraining the respondents and their representatives from suspending or interfering with the activities of the Applicant in any manner whatever.
In the ruling, Justice Rose Oghoghorie, held that the application did not fall within the jurisdiction of the court on the grounds that the reliefs were not found in chapter 4 of the 1999 constitution, which dealt on the enforcement of the fundamental Human Rights.
Reacting to the judgment, Counsel to the Applicant Mr. Jonas Udensi said that the court did not go into the merit of the matter and as such would challenge its decision at the upper court.
The judgment has temporarily put to rest differences between the two associations.