By Innocent Anaba

A Lagos  lawyer, Francis Moneke, has dragged the National Drug Law Enforcement Agency, NDLEA, before a Federal High Court sitting in Lagos,  over what he termed fraudulent exploitation of Nigerian youths.

He is challenging the recent online recruitment exercise conducted by NDLEA, whereby the Agency advertised for various positions and requested interested Nigerian youths between the ages of 18 and 32 to purchase ‘access code’ pin from any of the Banks at the cost of N1500, which would enable them apply online on the Agency’s recruitment portal.

Moneke is contending  that this demand for money for employment is exploitative and violates the right to freedom from exploitation guaranteed under Article 5 of the African Charter on Human and Peoples’ Rights (Ratification & Enforcement) Act Cap. 10 LFN, 1990.

He further alleged in the suit that many poor Nigerian youths were unable to apply during the Agency’s recruitment exercise because of inability to afford the said N1500 access code fee, and hence were deprived of their right to equal access to the public service of their country guaranteed under Article 13 (2) of the African Charter.

He is  praying the court to  compel NDLEA to refund all such access code fee collected from job applicants.  According to Moneke, the public interest action is brought under the new Fundamental Rights (Enforcement Procedure) Rules, 2009, which permits public interest actions for violations of any of the rights contained in Chapter IV of the 1999 Constitution or the African Charter, adding that the new Rules made by the Chief Justice of Nigeria, CJN, has effectively dispensed with the hurdle of locus standi in human rights litigation, and that the issue of justiciability does not arise because all the rights guaranteed under the African Charter have been categorized under the new Rules as ‘fundamental rights’ alongside the Chapter IV rights of the 1999 Constitution, and therefore enforceable through the mechanism of the said Fundamental Rights Enforcement Procedure Rules, 2009.

Similarly, he  has also filed another suit before the  Federal High Court,  Enugu against the University of Nigeria, Nsukka for the imposition of what he called,  illegal, extortionate, and unfair ‘admission acceptance fee’ being levied by the University on newly admitted students.

The University had requested all candidates admitted for the 2010/2011 session to pay an admission acceptance fee of N25,000  to obtain access pin that would enable them complete online admission acceptance form.

He is contending in the suit that the said fee, not being a legitimate tuition fee, is restrictive and violates the right to education guaranteed under Article 17 (1) of the African Charter, and further constitutes a discrimination against poor candidates contrary to the right to freedom from discrimination enshrined under S. 42 (2) of the 1999 Constitution.

The case came up before Justice Agisi  hearing weekend,  but was further adjourned to November 30, 2010 for definite hearing.

Moneke, said that the practice of charging money for job applications and university admissions were illegal and fraudulent ways through which many public and private institutions now make huge windfalls to the detriment of hapless, voiceless and poor Nigerians.

According to him, these fraudulent practices now seem legitimate simply because nobody has bothered to challenge their legality; hence more and more Nigerians are being hoodwinked, exploited and impoverished even by public/government institutions that are meant to direct their activities and policies towards the welfare of the suffering masses.