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Tinubu Asks Court To Dismiss Suit Seeking His Impeachment Over Rights Violations
President Bola Tinubu has urged the Federal High Court in Abuja to dismiss a suit 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 a legal practitioner, Olukoya Ogungbeje, who accused the Tinubu-led administration of suppressing peaceful protests and violating the constitutional rights of Nigerians.
Ogungbeje’s lawsuit named the Attorney-General of the Federation (AGF) and Minister of Justice, Prince Lateef Fagbemi, SAN, as the second defendant.
In his petition, he sought six principal reliefs, including a court declaration that the alleged clampdown on peaceful protesters between August 1 and 10, 2024, constituted gross misconduct and was grounds for impeachment under Section 143 of the 1999 Constitution (as amended).
He urged the court to direct the National Assembly to commence impeachment proceedings against President Tinubu for violating the rights of Nigerians to peaceful assembly.
However, in a joint preliminary objection, President Tinubu and the Attorney-General of the Federation asked the court to strike out the case on multiple grounds, arguing that:
– The plaintiff lacks the locus standi (legal right) to institute the action, as he is not directly affected by the alleged violations.
– The suit fails to disclose any reasonable cause of action that warrants judicial intervention.
– The case was filed under a wrong procedure, making it incompetent and unlawful.
A legal team, led by Sanusi Musa, SAN, representing both defendants, challenged the jurisdiction of the court, contending that impeachment matters are exclusively a legislative function and not subject to judicial interference.
The 18-point argument submitted by the defense further stated that the plaintiff filed the lawsuit on behalf of unidentified citizens, failing to establish that his personal rights were violated.
“By the provision of Section 46 of the 1999 Constitution (as amended), only persons whose fundamental rights have been breached can seek legal redress. The plaintiff cannot bring a case on behalf of ‘faceless citizens,’” the defense argued.
