President Bola Tinubu has requested the Federal High Court in Abuja to dismiss a lawsuit aimed at compelling the National Assembly to commence impeachment proceedings against him for alleged rights violations. The suit, marked FHC/ABJ/CS/1334/2024, was filed by legal practitioner Mr. Olukoya Ogungbeje.
Ogungbeje, in his suit against the Attorney-General of the Federation, Prince Lateef Fagbemi, SAN, and President Tinubu, is seeking six main declarations, including one that deems the administration’s alleged suppression of peaceful protests as an impeachable offense. He cited instances between August 1 and 10, 2024, where he claims the government violently disrupted peaceful protests.
However, President Tinubu and the AGF have filed a preliminary objection challenging the legal standing of Ogungbeje to bring this action. They argue that the suit lacks merit and does not reveal any cause of action that would justify judicial intervention. Their counsel, led by Mr. Sanusi Musa, SAN, also contested the court’s jurisdiction and the procedural correctness of the suit’s initiation.
“The suit should be struck out for being incompetent as this suit is not initiated by due process of law having been initiated under a wrong procedure,” the defendants’ objection states, listing 18 reasons for the case’s dismissal, including that the plaintiff represents “faceless citizens” without specific victims of rights violations named.
They further argued that under Section 46 of the 1999 Constitution, only those whose rights have been directly breached can seek judicial redress, a criterion they claim the plaintiff does not meet.
In response to the allegations, Gbemga Oladimeji, a principal state counsel, provided a counter affidavit stating that the Tinubu administration has been a promoter of democratic norms, allowing peaceful protests with security measures in place to prevent disruptions.
“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,” Oladimeji added, asserting that no constitutional breach warrants the president’s impeachment.
Justice James Omotosho has scheduled the next hearing for March 4, allowing time for the plaintiff’s counsel, Mr. Stanley Okonmah, to address the preliminary objections raised by President Tinubu and the AGF.