On the 10th day of October 2024, the Federal High Court, Asaba Judicial Division, adjourned the case filed by the Registered Trustees of One Love Family Caring [Aka One Love Foundation] versus the World Bank Group and the International Development Association (IDA) in the Suit No. FHC/ASB/CS60/2023 to the 28th of November 2024 for final hearing by way of adoption of all the processes filed by the parties to the Suit.
From originating Court processes filed in the Suit by an environmental and sustainable development lawyer, S. I. Dumbili, Esq., on behalf of the Applicant, the Reliefs sought includes an Order directing the 1st to 6th Respondents to rescind the said Financing Agreement (worth $800 million dollars) signed on or about the 16th of August, 2022 (for financing of palliatives to be disbursed through cash transfers to about 50 million Nigerians by the 2nd Respondent). The grounds being that the Financial Agreement will breach Article V, Section 1(b)&(g) of the Articles of Agreement of the International Development Association and Articles 22 & 24 of the African Charter on Human and Peoples’ Rights (Ratification and Enforcement) Act as well as Section 34(1)(b) of the 1999 Constitution.
The International Development Association (IDA) in response to the fundamental human rights application resorted to its sovereign immunity of the IDA and contended that the IDA is recognized under the International Financial Organizations Act as an international organization and conferred with immunity from legal process as long as it is performing the functions for which it was created (functional immunity), unless it expressly waives its immunity.
It has however been argued on behalf of Chief Patrick Osagie Eholor for himself and on behalf of the Peoples and each Citizen of the Federal Republic of Nigeria that the World Bank Group do not possess the status entitled to immunity in Nigeria; and contended that provisions of the of the International Financial Organizations Act does not have the alleged or intended effect legally or evidentially because the Host Country Establishment Agreement between the Federal Republic of Nigeria and the World Bank Group of Institutions has not been legitimately registered in a Federal Gazette in Nigeria as statutorily required by Section 6 of the International Financial Organizations Act and Section 11(2) of the Diplomatic Immunities and Privileges Act 1962.
Other Grounds on which the Suit was filed included that on the fair and true construction the terms and conditions of the Financing Agreement (worth $800 million dollars and signed on or about the 16th of August, 2022 between the World Bank Group of the one part and the Government of Nigeria of the other part) will deprive Nigerians of their Fundamental Rights.
However, the fears expressed in the Suit that the loan for financing of palliatives to be disbursed through cash transfers to about 50 million Nigerians by the 2nd Respondent has made no arrangements to ensure that the proceeds of the financing are used only for the purposes for which the financing was provided as required Article V, Section 1(g) of the Articles of Agreement of the International Development Association (IDA) were vigorously countered by the IDA in its Counter Affidavit filed in the Registry of the Federal High Court.
The Suit instituted by Chief Patrick Osagie Eholor for himself and on behalf of the Peoples and each Citizen of the Federal Republic of Nigeria against the President of the Federal Republic of Nigeria, the Attorney General of the Federation of Nigeria, the Federal Ministry of Finance & Economic Development, and the Debt Management Office of Nigeria is equally seeking for an Injunction restraining the 1st to 6th Respondents from implementing or giving effect to the said Financing Agreement (worth $800 million dollars) signed on or about the 16th of August, 2022 (for financing of palliatives to be disbursed through cash transfers to about 50 million Nigerians by the 2nd Respondent)