President Bola Ahmed Tinubu, the Attorney-General of the Federation and Minister of Justice, Lateef Fagbemi, the Senate President, Senator Goodswill Akpabio, have been dragged before a Federal High Court in Abuja, over the removal of Justice Danladi Yakubu Umar as Chairman of the Code of Conduct Tribunal (CCT).
The President and 10 others were sued by two civil groups, Community Rescue Initiative, Toro Concerned Citizens of a Relief Foundation and 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 President Tinubu the concurrent resolution of the Senate and House of Representatives which purportedly removed Umar as Chairman of the Code of Conduct Tribunal.
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 aggrieved plaintiffs are seeking seven declarative reliefs against the President and 10 other defendants.
The suit marked: FHC/ABJ/CS/1796/2024, was instituted on their behalf by Mahmoud M. Maidoki, A.G Salisu, Jibrin S. Jibrin, Abubakar S. Idris and Munir Umar.
In faulting the action of the National Assembly, the plaintiffs asked the Federal High Court to determine: Whether by virtue of the provisions of Sections 1(1) and (3) , 6(5), 153 (1) (e) & (i) of the Constitution 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.”
Plaintiffs also asked the court to determine whether by constitutional provisions the purported concurrence by the 6th defendant with the decision/resolution of the 4th defendant purportedly removing the chairman of the Code of Conduct Tribunal taken at 4th defendant’s plenary of November 20, 2024, or any other date for that matter which said concurrence was taken at the 6th defendant’s Plenary of November 26, 2024 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 5th Schedule of the 1999 Constitution of the Federal Republic of Nigeria (as amended).
The plaintiff urged that if the above questions are answered in the affirmative the court should declare that by constitutional provisions the sack of Umar, 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.
Plaintiffs subsequently prayed for an order restraining the 7th defendant from communicating the resolution of the 4th and 6th defendants, removing the chairman of the CCT in person of Justice Danladi Yakubu Umar to the 1st defendant, the removal having been done without following the due process of law.
“An order restraining the 8th and 9th defendants from considering any person including the 10th or 11th defendant for appointment by the 1st defendant and subsequent confirmation by the 4th and 6th defendants during the subsistence of term of office of Justice Umar.”
Meanwhile, Justice James Omotosho, who is to adjudicate in the matter has ordered that the court documents be served by substituted means through the pasting at the Notice Board of the Court, APC Secretariat and Office of Secretary to the Government of the Federation.
The Court further adjourned the suit to January 14, 2025 for hearing.
Alex Enumah
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