Ubani Withdraws Suit Against Federal Government Over Compulsory Covid-19 Vaccination For Civil Servants

The Chairman of the Nigerian Bar Association Section on Public Interest and Development Law, Dr. Monday Ubani has withdrawn a suit challenging the directive of the Nigerian Government that all federal civil servants must be vaccinated against the Covid-19 virus in 2020.

The suit filed was filed on December 22, 2021, at the Federal High Court in Ikoyi, Lagos.

It was filed against the government directive that all civil servants must show proof of vaccination or present a negative Covid-19 PCR result of a test done within 72 hours before they can gain access to their various offices within Nigeria and Missions abroad.

In the suit, Ubani asked the court to declare that the directive which is not backed by any legislation, constitutes an infringement on the constitutionally protected rights of federal civil servants and their terms of engagement.

Joined in the suit as co-defendants are the Secretary of the Government of the Federation, Boss Mustapha, and the Attorney General of the Federation, Abubakar Malami, SAN.

Ubani sought the following reliefs among others from the Court: “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.

“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.

“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 Justice I.N. Oweibo.

The Federal Government via the Secretary to the Government of the Federation filed a counter-affidavit to the Suit on February 28, 2021, wherein it denied any plan to embark on compulsory vaccination of civil servants as contemplated by the Plaintiff (Ubani).

“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,” it said.

The matter was adjourned to June 15, 2022, for a 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 was to commence in July.

The matter was adjourned to October 19, 2022, for a hearing but on that day, 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 November 15, 2022, for a hearing, but on that date, the court did not sit, and the matter was further adjourned to February 15, 2023, for a hearing.

On February 15, 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 the Covid-19 pandemic was over and the government had jettisoned the idea of vaccinating civil servants.

The Judge was of the opinion that events had overtaken the reliefs sought by Ubani, and that proceeding with the matter would amount to mere academic exercise.

The Judge adjourned the matter to May 3, 2023 to enable the Plaintiff – Monday Ubani (who wasn’t present in Court on February 15, 2023) to decide whether, in view of the present circumstances, he still intended to proceed with the matter.

Ubani, having reviewed the case in chambers with his Associates came to an agreement that indeed events have overtaken the reliefs sought, and proceeding with the case in the present reality would amount to a mere academic exercise, in agreement with the judge.

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

On May 3, 2023, he withdrew the matter and it was struck out.