Kaduna Train Services May Be Suspended As Falana Goes To Court

Femi Falana SAN has requested an order from the Federal High Court in Abuja prohibiting the Nigeria Railway Corporation from resuming railway services on the Kaduna-Abuja route until adequate security and requisite gadgets are provided to ensure the safety and protection of lives and property on the route.

On May 23, the NRC plans to resume train operations between Abuja and Kaduna.

Recall that on March 28, 2022, terrorists attacked the Abuja-Kaduna train, killing nine passengers, wounding 41 others, and kidnapping 146 more.

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However, Falana has stated that NRC cannot begin services on the Kaduna-Abuja route for the time being due to the federal government’s alleged failure to prevent the willful destruction of lives and property of Nigerians and foreigners traveling on the Abuja-Kaduna train.

Respondents in the case are the Minister of Transportation, the National Research Council, and the Attorney General of the Federation.

Falana has also requested that the Corporation suspend operations pending the outcome of the lawsuit.

The following are the reliefs sought in the lawsuit:

a. A DECLARATION that every person living in Nigeria is entitled to the protection of their fundamental right to life guaranteed by Section 33 of the Constitution of the Federal Republic of Nigeria 1999 and Article 4 of the African Charter on Human and Peoples’ Rights (Ratification and Enforcement) Act (Cap A9) Laws of the Federation of Nigeria, 2004.

b. A DECLARATION that every person living in Nigeria is entitled to the protection of their property by virtue of Sections 15 and 43 of the 1999 Constitution of the Federal Republic of Nigeria 1999 as amended and Article 14 of the African Charter on Human and Peoples’ Rights (Ratification and Enforcement) Act (Cap A9) Laws of the Federation of Nigeria, 2004.

c. A DECLARATION that the Respondents are bound to secure the railway lines linking Kaduna state to the Federal Capital Territory, Abuja (and indeed all other railways lines in Nigeria) against armed attacks by Boko Haram Terrorists, kidnappers and other dangerous armed groups before the recommencement of railway transportation services.

d. A DECLARATION that the brutal killing of unarmed passengers in the Abuja – Kaduna bound train by armed gangs/Boko Haram terrorists on the 28th day of March, 2022 is illegal and unconstitutional as it violates the fundamental right of the deceased to life guaranteed by Section 14 (2) (b), 15 (3) (b), 33 and 43 of the 1999 Constitution of the Federal Republic of Nigeria.

e. AN ORDER mandating the Respondents to protect the lives and properties of every passenger plying the Kaduna- Abuja Railway lines(and indeed all other railway lines in Nigeria) by recruiting adequate security personnel and security gadgets to guard and protect every of such passengers utilizing the public railway transportation system in Nigeria.
f. AN ORDER mandating that the Respondentsofficials whose criminal negligence caused the bomb attack on the Abuja-Kaduna train on March, 28, 2022 should be investigated and prosecuted.

g. AN ORDER mandating the Respondents to forthwith secure the release of all the persons kidnapped in the Abuja to Kaduna bound train who were kidnapped by suspected Boko Haram terrorists/ kidnappers on the 28th day of March, 2022 and to give weekly reports on the progress of rescue.

h. AN ORDER mandating the Respondents to investigate and prosecute the perpetrators of the chilling attack on the Abuja- Kaduna bound train on March 28, 2022.

i. AN ORDER PROHIBITING the Respondents from recommencing railways services on the Kaduna- Abuja route until adequate security and requisite gadgets are provided to ensure the safety and protection of lives and properties on the route.