President Bola Tinubu has asked the Federal High Court in Abuja to dismiss a lawsuit seeking to force the National Assembly to begin impeachment proceedings against him over alleged human rights violations.
The lawsuit, filed by legal practitioner Olukoya Ogungbeje, claims that the Tinubu-led administration suppressed peaceful protests across the country between August 1 and 10, 2024. The plaintiff argues that this alleged violation of citizens’ rights amounts to “gross misconduct,” which is an impeachable offense under Section 143 of the 1999 Constitution.
However, President Tinubu and the Attorney-General of the Federation (AGF), Lateef Fagbemi, SAN, have asked the court to reject the case, arguing that the plaintiff has no legal standing to bring such a suit.
Court Lacks Power to Order Impeachment – Tinubu’s Lawyers
In a joint preliminary objection, President Tinubu and the AGF, through their lead counsel, Sanusi Musa, SAN, challenged the competence of the suit and the court’s jurisdiction to hear the matter. They insisted that the plaintiff had no direct interest in the case and had failed to show how his own rights were violated.
“The plaintiff is acting on behalf of faceless citizens and has not disclosed any specific individuals whose rights were allegedly infringed,” the defense argued.
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According to Section 46 of the 1999 Constitution, only individuals whose fundamental rights have been violated can bring an action before the court. “The Chief Justice of Nigeria has already established procedures under the Fundamental Rights (Enforcement Procedure) Rules, 2009, which clearly outline the proper legal steps to take in such cases,” the defense team added.
The president and the AGF also described the lawsuit as incompetent, stating that it was filed under the wrong legal procedure. They urged the court to strike out the case.
Tinubu’s Government Defends Protest Handling
A counter affidavit filed by Gbemga Oladimeji, a principal state counsel at the Federal Ministry of Justice, insisted that President Tinubu’s administration upholds democratic principles and does not suppress peaceful protests.
“I know for a fact that the protest conducted between August 1 and August 10, 2024, was peaceful, as there was a court order limiting the protesters to demonstrate within a confined location,” Oladimeji stated.
He further explained that security agencies were deployed to protect protesters and ensure their safety. “Security agents were present to prevent hoodlums from hijacking the protest. The 1st defendant (President Tinubu) has always ensured that law and order are maintained,” he added.
The affidavit also rejected the claim that Tinubu had violated his oath of office. “Contrary to the plaintiff’s allegations, there has been no breach on the part of the president that would justify impeachment proceedings,” the statement read.
Court Adjourns Case to March 4
Justice James Omotosho, who is presiding over the case, adjourned the hearing until March 4. This will allow the plaintiff’s counsel, Stanley Okonmah, to respond to the objections raised by President Tinubu and the AGF.
The case is expected to test the limits of presidential accountability and the power of the court in impeachment matters.