President Bola Ahmed Tinubu has asked the Federal High Court in Abuja to dismiss a lawsuit seeking to force the National Assembly to initiate impeachment proceedings against him due to alleged human rights abuses, SAVANNAH NEWSNOW REPORTS.
A lawsuit, FHC/ABJ/CS/1334/2024, has been filed by Mr. Olukoya Ogungbeje, alleging that President Tinubu’s administration has consistently suppressed peaceful protests by Nigerian citizens, which the plaintiff claims is an impeachable offense.
The Attorney-General of the Federation and Minister of Justice, Prince Lateef Fagbemi, SAN, is also named as a defendant.
According to the plaintiff, the government violently clamped down on peaceful protesters across the federation between August 1 and 10, 2024, which constitutes misconduct and grounds for impeachment.
The plaintiff maintained that section 143 of the 1999 Constitution, as amended, empowered the NASS to set machinery in motion for President Tinubu’s impeachment.
President Tinubu and the Attorney General of the Federation have challenged the legal right of the plaintiff to institute the action and have asked the court to dismiss the suit for being incompetent, arguing that it fails to disclose a reasonable cause of action and was initiated under the wrong procedure.
The defendants claimed that the Chief Justice of Nigeria has established the Fundamental Rights (Enforcement Procedure) Rules, 2009, under Section 46 (3), which outlines the procedure for filing an action related to a breach of a Nigerian’s fundamental rights.
They argued that the plaintiff’s questions two and three concern an alleged breach of the 1999 Constitution by President Tinubu, specifically Section 143.
The defendants also stated that the plaintiff failed to disclose any breached rights. Furthermore, Gbemga Oladimeji, a principal state counsel, averred in a counter affidavit that the President Tinubu-led government promotes democratic principles, contrary to the plaintiff’s claims.
Meanwhile, Justice James Omotosho, on Monday, adjourned the case till March 4 to enable the counsel representing the plaintiff, Mr. Stanley Okonmah, to respond to the preliminary objection by President Tinubu and the AGF.
