By Our Reporter
President Bola Tinubu has requested the Federal High Court in Abuja to dismiss a suit seeking to compel the National Assembly to initiate impeachment proceedings against him over alleged violations of citizens’ rights.
The suit, numbered FHC/ABJ/CS/1334/2024, was filed by legal practitioner Mr. Olukoya Ogungbeje. The plaintiff, in his application, seeks six primary reliefs, including a declaration that the government’s alleged repeated suppression of peaceful protests organized by Nigerian citizens amounts to an impeachable offense.
Ogungbeje specifically accused the government of a violent crackdown on peaceful protests nationwide between August 1 and 10, 2024, arguing that such actions constituted misconduct warranting Tinubu’s impeachment. He contends that Section 143 of the 1999 Constitution empowers the National Assembly to take steps toward impeachment in such instances.
In response, both President Tinubu and the Attorney-General of the Federation (AGF), Prince Lateef Fagbemi, SAN, filed a joint preliminary objection. They questioned the plaintiff’s legal standing to bring the suit, asserting that it was both incompetent and lacked a reasonable cause of action.
The defendants also raised concerns about the court’s jurisdiction over the matter. They requested the suit be struck out, arguing that it was improperly filed under the wrong legal procedure. In support of their argument, Tinubu and the AGF submitted 18 reasons for dismissing the case, including that Ogungbeje failed to identify the specific individuals whose rights were allegedly violated by the government.
According to the defendants, under Section 46 of the 1999 Constitution, only individuals whose rights have been violated are entitled to file suit for redress. Furthermore, they emphasized that the plaintiff had not demonstrated any personal breach of his rights.
Additionally, a counter affidavit, sworn by Gbemga Oladimeji, a senior state counsel in the Federal Ministry of Justice, refuted the plaintiff’s claims. Oladimeji asserted that the Tinubu administration had consistently supported democratic principles, allowing citizens to express grievances and engage in peaceful protests.
Contrary to the plaintiff’s allegations, Oladimeji affirmed that the protests in question were peaceful and occurred within a designated location, as mandated by a court order. Security forces, under the president’s direction, ensured the protesters’ safety and prevented the demonstration from being hijacked by criminals.
Oladimeji further affirmed that Tinubu had upheld the law throughout his presidency, maintaining law and order without violating his oath of office. He concluded that there had been no breach justifying the President’s impeachment.
The case was adjourned by Justice James Omotosho until March 4, 2025, to allow the plaintiff’s legal counsel, Mr. Stanley Okonmah, time to respond to the preliminary objections filed by President Tinubu and the AGF.