President Bola Tinubu, Attorney-General of the Federation and Minister of Justice, Lateef Fagbemi, and Senate President Godswill Akpabio, have been taken to court over the alleged unlawful removal of Justice Danladi Umar as Chairman of the Code of Conduct Tribunal (CCT).
The lawsuit, filed by two civil society groups, Community Rescue Initiative and Toro Concerned Citizens Relief Foundation, alongside an Abuja-based lawyer, Comrade Nasir Bala, claims the removal process bypassed constitutional provisions and due process.
The 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 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 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 Esq., A.G Salisu Esq., Jibrin S. Jibrin Baq., and Abubakar S. Idris Bag.
In faulting the action of the National Assembly, the plaintiffs asked the Federal High Court to determine whether 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 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.
They also asked the court to determine whether 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 the 20th November 2024 or any other date for that matter which said concurrence was taken at the 6th Defendant’s Plenary of 26th November 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 plaintiffs noted that if the above questions are 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.
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 suit has been adjourned to January 14, 2025, for hearing.