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Defendants Written Address Overview
Summary
The Students Senate Council (SSC NAU) and Comr. Onyinyechi Nwachukwu are defending against claims by Comr. Izuchukwu Ejikeme Francis regarding an impeachment process. The defense argues that the impeachment proceedings adhered to Section 86 of the SUG Constitution, ensuring due process and fair hearing. They assert that non-compliance with procedural requirements does not invalidate the impeachment, and the notice served was compliant with constitutional mandates. The defense seeks dismissal of the claimants case, upholding the impeachment as valid and constitutional, and recognition of Comr. Onyinyechi Nwachukwu as the Acting 30th President of the SUG.Full Conversation
Write a written address in favour of the defendants in this suit which are THE STUDENTS' SENATE COUNCIL (SSC NAU)-----DEFENDANTS *. COMR. ONYINYECHI NWACHUKWU, under Nigerian law.
IN THE HIGH COURT OF SUG IN THE AWKA JUDICIAL DIVISION HOLDING AT SUG HIGH COURT
SUIT NO
HDc/*/* MOTION NO_HDC/*/*/*
*.
BETWEEN
COMR, IZUCHUKWU EJIKEME FRANCIS
AND
*. THE PRESIDENT, STUDENTS' SENATE COUNCIL NAU
-CLAIMANT
*. THE STUDENTS' SENATE COUNCIL (SSC NAU)-----DEFENDANTS *. COMR. ONYINYECHI NWACHUKWU
LET:
ORIGINATING SUMMONS
*) THE PRESIDENT, STUDENTS' SENATE COUNCIL NAU, *) THE STUDENTS' SENATE COUNCIL (SSC NAU) and *) COMR. ONYINYECHI NWACHUKWU. Within four (*) days after service of this summons on you, Inclusive of the day of such service, cause an appearance to be entered for you to this summons which is issued upon the application of the claimant that the PRESIDENT. STUDENTS' SENATE COUNCIL and the STUDENTS' SENATE COUNCIL failed to follow the due process of impeachment of COMR. IZUCHUKWU EJIKEME FRANCIS, the former PRESIDENT OF THE SUG as provided for in the constitution and for the determination of the following issues;
*.
Whether or not the Students' Senate Council (SSC NAU) complied with the procedures for impeachment under Section * of the SUG Constitution as amended *.
*. Whether or not such noncompliance with Section * of the SUG Constitution as amended * invalidates any such impeachment of the claimant, rendering it null, void and of no effect whatsoever.
*.
Whether or not the Impeachment notice is in compliance with Section * of the SUG Constitution as amended in *.
* Whether or not the impeachment process was in violation of the constitutionally protected right to fair hearing of the Claimant.
AND THE CLAIMANT SEEK THE FOLLOWING RELIEFS
*.
A DECLARATION of this honorable court that the impeachment process carried out by the SSC, NAU, lacked due process and was unconstitutional.
NAL SUG HIGH COURT
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*-*.
A DECLARATION of this honorable court that the said impeachment is nu and void and of no legal effect.
*.
A DECLARATION of this honorable court that COMR. IZUCHUK EJIKEME FRANCIS (the claimant) remains the legally recognized and elected * PRESIDENT OF THE SUG.
*. An ORDER vacating the swearing in of COMR. ONYINYECHI NWACHUKWU as the ACTING 30TH PRESIDENT OF THE SUG.
*.
An ORDER of this honorable court mandating that every official publication of the impeachment on every official school social media platform be brought down
*.
An ORDER of the court mandating the Students' Senate Council to make a public statement that the said impeachment was unconstitutional.
*.
An ORDER of the court mandating that every official school media platform to the legally recognized SUG 30TH President.
Written Address in Favour of the Defendants
IN THE HIGH COURT OF SUG
IN THE AWKA JUDICIAL DIVISION HOLDING AT SUG HIGH COURT
SUIT NO: HDC/*/*
MOTION NO: HDC/*/*/*
BETWEEN:
COMR, IZUCHUKWU EJIKEME FRANCIS - CLAIMANT
AND
*. THE PRESIDENT, STUDENTS' SENATE COUNCIL NAU
*. THE STUDENTS' SENATE COUNCIL (SSC NAU)
*. COMR. ONYINYECHI NWACHUKWU - DEFENDANTS
DEFENDANTS' WRITTEN ADDRESS
Introduction:
My Lord, this address is presented on behalf of the Defendants: The Students' Senate Council (SSC NAU) and Comr. Onyinyechi Nwachukwu, in response to the claims made by the Claimant, Comr. Izuchukwu Ejikeme Francis.
Points of Law:
*. Compliance with Section * of the SUG Constitution:
- The impeachment proceedings against the Claimant were conducted in strict adherence tothe procedures outlined in Section * of the SUG Constitution as amended in *. All necessary steps, including notice and hearings, were duly followed.
*. Validity of the Impeachment Process:
- Non-compliance with procedural requirements does not automatically nullify the impeachment process. The SSC NAU acted within its constitutional mandate and authority.
*. Impeachment Notice:
- The impeachment notice served to the Claimant was in full compliance with Section * of the SUG Constitution. The Claimant was given adequate notice and the opportunity to defend himself.
*. Right to Fair Hearing:
- The Claimant was granted a fair hearing as per the constitutional requirements. The SSC NAU ensured that the Claimant had the opportunity to present his case before any decisions were made.
Conclusion:
In light of the above points, we respectfully urge this Honorable Court to dismiss the Claimant's case and uphold the impeachment of Comr. Izuchukwu Ejikeme Francis as valid and constitutional. We also request that the court recognizes Comr. Onyinyechi Nwachukwu as the Acting 30th President of the SUG.
Reliefs Sought:
*. A declaration that the impeachment process was
IN THE HIGH COURT OF SUG
IN THE AWKA JUDICIAL DIVISION HOLDING AT SUG HIGH COURT
SUIT NO: HDC/*/*
MOTION NO: HDC/*/*/*
BETWEEN:
COMR, IZUCHUKWU EJIKEME FRANCIS - CLAIMANT
AND
*. THE PRESIDENT, STUDENTS' SENATE COUNCIL NAU
*. THE STUDENTS' SENATE COUNCIL (SSC NAU)
*. COMR. ONYINYECHI NWACHUKWU - DEFENDANTS
DEFENDANTS' WRITTEN ADDRESS
Introduction:
My Lord, this address is presented on behalf of the Defendants: The Students' Senate Council (SSC NAU) and Comr. Onyinyechi Nwachukwu, in response to the claims made by the Claimant, Comr. Izuchukwu Ejikeme Francis.
Points of Law:
*. Compliance with Section * of the SUG Constitution:
- The impeachment proceedings against the Claimant were conducted in strict adherence tothe procedures outlined in Section * of the SUG Constitution as amended in *. All necessary steps, including notice and hearings, were duly followed.
*. Validity of the Impeachment Process:
- Non-compliance with procedural requirements does not automatically nullify the impeachment process. The SSC NAU acted within its constitutional mandate and authority.
*. Impeachment Notice:
- The impeachment notice served to the Claimant was in full compliance with Section * of the SUG Constitution. The Claimant was given adequate notice and the opportunity to defend himself.
*. Right to Fair Hearing:
- The Claimant was granted a fair hearing as per the constitutional requirements. The SSC NAU ensured that the Claimant had the opportunity to present his case before any decisions were made.
Conclusion:
In light of the above points, we respectfully urge this Honorable Court to dismiss the Claimant's case and uphold the impeachment of Comr. Izuchukwu Ejikeme Francis as valid and constitutional. We also request that the court recognizes Comr. Onyinyechi Nwachukwu as the Acting 30th President of the SUG.
Reliefs Sought:
*. A declaration that the impeachment process was
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