BY ANTHONY OCHELA, ABUJA
President Bola Tinubu, Attorney-General of the Federation, AGF, and Minister of Justice, Lateef Fagbemi and Senate President Godswill Akpabio have been dragged before the Federal High Court Abuja over the alleged unlawful removal of Justice Danladi Umar as Chairman of the Code of Conduct Tribunal, CCT.
The president and 10 others were sued by two civil society groups, Community Rescue Initiative and Toro Concerned Citizens Relief Foundation, as well as an Abuja based lawyer, Comrade Nasir Bala.
The three plaintiffs are praying the court to restrain the clerk of the National Assembly from transmitting to Tinubu, the concurrent resolution of the Senate and House of Representatives which purportedly removed Umar as CCT chairman.
They are also praying the court to stop the president from giving effect to the resolution of the two chambers of the National Assembly on the grounds that clear provisions of the law, especially the 1999 Constitution, were not followed in the purported removal of the CCT boss.
Among others, the plaintiffs are seeking seven declarative reliefs against the president and the other defendants.
The suit, marked FHC/ABJ/CS/1796/2024, was instituted on behalf of the plaintiffs by Mahmoud M. Maidoki, A.G Salisu, Jibrin S. Jibrin, and Abubakar S. Idris.
In faulting the action of the National Assembly, the plaintiffs asked the Federal High Court to determine the following:
“Whether by virtue of the provisions of Sections 1(1) and (3) , 6(5), 153 (1) (e) & (i) of the 1999 Constitution of the Federal Republic of Nigeria (as amended), as well as Paragraph 13 (a) (vii) and (b) of the Third Schedule thereof, the purported removal of the chairman of the Code of Conduct Tribunal by the fourth defendant is illegal, void, unconstitutional and of no effect whatsoever same having been made pursuant to the provisions of section 157 (1) of the 1999 Constitution or any other law for that matter.
“Whether by virtue of the provisions of Sections 1(1) and (3) , 6(5), 153 (1) (e) & (i) of the 1999 Constitution of the Federal Republic of Nigeria (as amended), as well as Paragraph 13 (a) (vii) and (b) of the Third Schedule thereof, the purported concurrence by the sixth defendant with the decision/resolution of the fourth defendant purportedly removing the chairman of the Code of Conduct Tribunal taken at the fourth defendant ‘s plenary on November 20 or any other date for that matter which said concurrence was taken at the sixth defendant’s plenary of November 26 is illegal, void, unconstitutional and of no effect whatsoever same having been founded on a faulty legal foundation and in breach/violation of section 22 (3) of the Code of Conduct Bureau & Tribunal Act and paragraph 17 (3) of the fifth Schedule of the 1999 Constitution of the Federal Republic of Nigeria (as amended).
“Whether by virtue of the provisions of Paragraph 17 (1) of the fifth Schedule to the 1999 Constitution of the Federal Republic of Nigeria (as amended), Section 20 (1) and (4) of the Code of Conduct Bureau & Tribunal Act and the subsistence of the occupation of the office of the chairman of the Code of Conduct Tribunal, the purported appointment and subsequent confirmation of the 10th or 11th defendant into the same office by the first and fourth defendants, respectively, is illegal, void, unconstitutional and of no effect same having been done in clear breach of the applicable provisions of the 1999 Constitution (Supra) and the Code of Conduct and Tribunal Act (Supra).
“Whether the purported removal of the chairman of the Code of Conduct Tribunal in the person of Umar as done by the fourth Defendant based on the motion and submission founded by Senator Opeyemi Bamidele during its plenary of November 20 and the subsequent concurrence by the sixth defendant on November 26 at its plenary has occasioned/amounted to a breach of Section 36(1) and Section 6 (5) of the 1999 Constitution of the Federal Republic of Nigeria (as amended) as the allegations of misconduct among others which formed the basis of the resolution/decision in issue has not been proved/established in the manner prescribed by law.”
The plaintiffs noted that if the above questions were answered in the affirmative, the court should declare that by virtue of the provisions of Sections 1(1) and (3), 6(6), 153 (1) (e) & (i) of the 1999 Constitution of the Federal Republic of Nigeria (as amended) as well as Paragraph 13 (a) (vii) and (b) of the Third Schedule thereof, the purported removal of the Chairman of the Code of Conduct Tribunal by the 4th Defendant is illegal, void, unconstitutional and of no effect whatsoever, same having been made pursuant to the provisions of section 157 (1) of the 1999 Constitution or any other law for that matter.
Meanwhile Justice James Omotosho, who is to adjudicate in the matter, has ordered that the process in respect be served by substituted means through pasting at the notice board of the court, the APC secretariat and Office of Secretary to the Government of the Federation.
The court further adjourned the suit to January 14, 2025, for hearing.
