President Bola Tinubu has urged the Federal High Court in Abuja to dismiss a lawsuit seeking to compel the National Assembly to initiate impeachment proceedings against him over alleged human rights violations.
The suit, marked FHC/ABJ/CS/1334/2024, was filed by legal practitioner Olukoya Ogungbeje, with the Attorney-General of the Federation (AGF) and Minister of Justice, Lateef Fagbemi (SAN), listed as the second defendant.
Ogungbeje is seeking six principal reliefs from the court, including a declaration that the alleged suppression of peaceful protests by the Tinubu administration constitutes an impeachable offense. He claimed that between August 1 and 10, 2024, the government violently clamped down on demonstrators across the country, an act he argued amounted to gross misconduct and a legal basis for Tinubu’s removal.
The plaintiff cited Section 143 of the 1999 Constitution (as amended), which empowers the National Assembly to initiate impeachment proceedings against the President.
In response, President Tinubu and the AGF filed a joint preliminary objection, arguing that the plaintiff lacked the legal standing (locus standi) to bring the case before the court. They contended that:
•The suit is incompetent and should be dismissed for failing to disclose any reasonable cause of action.
•The court lacks jurisdiction to hear the matter.
•The suit was not initiated through due legal process, as it was filed under a wrong procedure.
The defendants outlined 18 reasons why the case should be struck out. Among them, they argued that:
•The plaintiff filed the case on behalf of unidentified citizens, failing to specify whose rights were violated.
•Section 46 of the 1999 Constitution allows only an individual whose rights have been breached to seek redress in court.
•The Fundamental Rights (Enforcement Procedure) Rules, 2009, set out by the Chief Justice of Nigeria, establish the correct procedure for filing such claims—one the plaintiff allegedly failed to follow.
They further argued that the plaintiff’s questions for determination centered on alleged constitutional breaches but failed to prove that any of his own rights had been violated.
In a counter-affidavit deposed by Gbemga Oladimeji, a Principal State Counsel in the Federal Ministry of Justice, the defendants insisted that Tinubu’s administration upholds democratic principles and has not suppressed peaceful protests.
Oladimeji stated that:
•The August 2024 protests were peaceful and conducted under court-imposed restrictions limiting demonstrations to specific locations.
•Security forces, acting under Tinubu’s command, were deployed only to protect protesters and prevent hijacking by hoodlums.
•Tinubu has not violated his oath of office, and no legal basis exists for his impeachment.
During the hearing on Monday, Justice James Omotosho adjourned the case to March 4, 2025, allowing the plaintiff’s counsel, Stanley Okonmah, time to respond to the preliminary objection raised by President Tinubu and the AGF.
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