In a bold move, President Bola Tinubu has fired back at the legal challenge seeking his impeachment over alleged rights violations. The President, through his legal team, has requested the Federal High Court in Abuja to dismiss the suit filed by legal practitioner Mr. Olukoya Ogungbeje, which demands the National Assembly initiate impeachment proceedings against him.
The suit, marked FHC/ABJ/CS/1334/2024, claims that President Tinubu’s administration has engaged in the persistent suppression of peaceful protests, an action the plaintiff argues amounts to an impeachable offence. Mr. Ogungbeje contends that the government’s violent clampdown on protests between August 1 and 10, 2024, across the country, was misconduct and a violation of citizens’ rights. He believes this should be grounds for impeachment under Section 143 of the 1999 Constitution, which he argues empowers the National Assembly to trigger the process.
In response, President Tinubu and the Attorney-General of the Federation (AGF), Prince Lateef Fagbemi, SAN, have jointly filed a preliminary objection, questioning the plaintiff’s legal standing and the competence of the suit. They insist that the plaintiff has failed to demonstrate a reasonable cause of action or disclose any rights violations that would warrant judicial intervention. The legal duo also contends that the action was filed using incorrect procedures and should be struck out.
The defendants’ team, led by Senior Advocate of Nigeria (SAN) Mr. Sanusi Musa, has presented 18 compelling reasons why the case should be dismissed. Among their arguments is that Mr. Ogungbeje, in filing the suit, has acted on behalf of unnamed citizens, without specifying who among them allegedly suffered rights violations. They assert that only individuals whose rights have been violated have the legal standing to bring such actions before the court, as outlined in Section 46 of the 1999 Constitution.
In addition, a counter affidavit submitted by Gbemga Oladimeji, a principal state counsel in the Federal Ministry of Justice, underscores that the Tinubu administration has, in fact, upheld democratic principles. He asserts that the protests in question were peaceful and conducted within the confines of a court order, with security forces ensuring safety and preventing any hijacking by hoodlums. Oladimeji further stressed that President Tinubu has adhered strictly to his oath of office and has not violated any constitutional provisions that would justify impeachment.
As the legal battle unfolds, Justice James Omotosho has adjourned the case to March 4, 2025, allowing the plaintiff’s counsel, Mr. Stanley Okonmah, time to respond to the preliminary objections raised by the defendants.
The outcome of this case will undoubtedly be a significant moment in Nigeria’s political landscape, as it grapples with the balance between constitutional rights, governance, and accountability.
PIONEER NEWS 