Indigenes of Ebonyi State have approached a Federal High Court sitting in Abuja, asking it to nullify and invalidate the laws establishing the Ebugeagu Security Agency of the Ebonyi State government, as well as the Cyber Crime (Prohibition) law 2021 enacted by the state House of Assembly.
In two separate suits filed by the aggrieved indigenes of the state, the plaintiffs are questioning the legality and constitutional powers of the Ebonyi State government to enact such laws.
The Incorporated Trustees of Patriotic Youth Organization and Egnr. Solomon Ukpai in an originating summons marked FHC/ABJ/CS/114/2022, challenged the constitutional competence of the state government to establish the Ebugeagu Security Agency as such powers are exclusively rested with the President of the Federal Government of Nigeria.
Listed as defendants in the suit are President of the Federal Republic of Nigeria; the national security adviser; the attorney general of the federation; the inspector general of police; the Department of State Services; the attorney general of Ebonyi State and the House of Assembly of Ebonyi State.
The plaintiffs in the originating summons dated January 31, 2022 and filed by their counsel, Okoro Nkemakolam, urged the court to declare that the creation and or establishment of the Ebugeagu Security Agency in the state by the state government is illegal, unconstitutional, invalid, and ultra vires the executive powers of the state in view of the relevant statutory provisions.
Nkemakolam urged the court to declare that by the combined provisions of sections 4(1,2,3,5, 6 & 7), items 2, 38, 45 & 68 of the second schedule part 1, of the 1999 constitution, the Ebonyi State House of Assembly has no legislative competence, and constitutional powers whatsoever, to legislate or make any law, creating EbubeAgu Security Agency, in the state.
