President Bola Tinubu has asked the Federal High Court in Abuja to dismiss a suit seeking to compel the National Assembly to initiate impeachment proceedings against him over alleged rights violations.
The suit, filed by a legal practitioner, Mr. Olukoya Ogungbeje, alleged that President Tinubu’s administration had suppressed peaceful protests, which amounts to an impeachable offense.
However, President Tinubu and the Attorney-General of the Federation (AGF), Prince Lateef Fagbemi, SAN, have challenged the suit, questioning the plaintiff’s legal right to institute the action. They argued that the plaintiff failed to disclose any reasonable cause of action and that the court lacks jurisdiction to hear the matter.
In a joint preliminary objection, the defendants listed 18 reasons why the case should be terminated. They claimed that the plaintiff filed the action on behalf of “faceless citizens” without disclosing the persons whose rights were allegedly violated.
According to the defendants, only the person whose right was breached has the right to file an action before the court to seek redress, as provided by Section 46 of the 1999 Constitution.
The defendants also argued that the plaintiff’s questions for determination were based on an alleged breach of the 1999 Constitution by President Tinubu, but failed to disclose any of his rights that were breached.
In a counter affidavit, a principal state counsel in the Federal Ministry of Justice, Gbemga Oladimeji, averred that President Tinubu’s administration has been a promoter of democratic tenets, allowing people to air their grievances and conduct peaceful protests.
“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 said.
Justice James Omotosho has adjourned the case till March 4 to enable the counsel representing the plaintiff to respond to the preliminary objection by President Tinubu and the AGF.
