President Bola Tinubu has requested that the Federal High Court in Abuja dismiss a lawsuit that aims to force the National Assembly to start the impeachment process against him due to alleged rights abuses
Mr. Olukoya Ogungbeje, a lawyer, filed the lawsuit, which was designated FHC/ABJ/CS/1334/2024.
The Attorney-General of the Federation and Minister of Justice, Prince Lateef Fagbemi, SAN, is the second defendant in the plaintiff’s lawsuit, which seeks six major reliefs from the court.
He asked the court to rule that the alleged ongoing repression of nonviolent demonstrations by Nigerians by the administration of President Tinubu is an impeachable offense.
The lawsuit has been challenged by President Tinubu and Prince Lateef Fagbemi, SAN, the Attorney-General of the Federation (AGF), who have questioned the plaintiff’s legal authority to bring the action. They contended that the court lacked jurisdiction to hear the case and that the plaintiff had not disclosed any plausible cause of action.
The defendants provided 18 grounds for the case’s termination in a combined preliminary objection.
They asserted that without identifying the individuals whose rights were allegedly infringed, the plaintiff brought the lawsuit on behalf of faceless citizens.
The defendants contend that, in accordance with Section 46 of the 1999 Constitution, only the individual whose rights were violated is entitled to bring a claim before the court in order to obtain compensation.
While the defendants did not reveal any of the plaintiff’s rights that were violated, they contended that the plaintiff’s questions for determination were founded on an alleged violation of the 1999 Constitution by President Tinubu.
Gbenga Oladimeji, the principal state counsel in the Federal Ministry of Justice, claimed in a counter-affidavit that President Tinubu’s administration has supported democratic principles by enabling citizens to peacefully protest and voice their complaints.
“I know for a fact that the protest conducted between 1st August 2024 and 10th August 2024 was peaceful, as there was a court order limiting the protesters to demonstrate within a confined location,” he stated.
On Monday, Justice James Omotosho postponed the case to March 4 so that Mr. Stanley Okonmah, the plaintiff’s attorney, may address President Tinubu’s and the AGF’s preliminary objection.