President Bola Ahmed Tinubu, the Attorney-General of the Federation (AGF) and Minister of Justice, Lateef Fagbemi, SAN, Senate President Godswill Akpabio have been dragged before a Federal High Court in Abuja, over the alleged unlawful removal of Justice Danladi Yakubu Umar as Chairman of the Code of Conduct Tribunal (CCT).
The president and ten others were sued by the Community Rescue Initiative, Toro Concerned Citizens of a Relief Foundation and an Abuja based lawyer, Comrade Nasir Bala.
The three plaintiffs are praying the court to restrain the Clerk of the National Assembly from transmitting to President Tinubu, the concurrent resolution of the Senate and House of Representatives which purportedly removed Umar as Chairman of the Code of Conduct Tribunal.
They are also praying the court to stop the president from giving effect to the resolution of the two chambers of the National Assembly, on the grounds that, clear provisions of the law, especially the 1999 Constitution were not followed in the purported removal of the CCT boss.
Among others, the aggrieved three plaintiffs are seeking seven declarative reliefs against the president and ten other defendants.
In the suit marked: FHC/ABJ/CS/1796/2024, filed on their behalf by Mahmoud M. Maidoki Esq., A.G Salisu Esq., Jibrin S. Jibrin Baq., and Abubakar S. Idris Bag, the plaintiffs asked the Court to determine: Whether by virtue of the provisions of Sections 1(1) and (3) , 6(5), 153 (1) € & (i) of the 1999 Constitution of the Federal Republic of Nigeria (as amended) as well as Paragraph 13 (a) (vii) and (b) of the Third Schedule thereof, the purported removal of the chairman of the Code of Conduct Tribunal by the 4th Defendant is illegal, void, unconstitutional and of no effect whatsoever same having been made pursuant to the provisions of section 157 (1) of the 1999 Constitution or any other law for that matter”.
They also prayed the court to determine whether the purported concurrence by the 6th Defendant with the decision/resolution of the 4th Defendant purportedly removing the chairman of the CCT taken at 4th Defendant’s plenary of November 20, 2024 or any other date for that matter which said concurrence was taken at the 6th Defendant’s Plenary of 26th November 2024 is illegal, void, unconstitutional and of no effect whatsoever same having been founded on a faulty legal foundation and in breach/violation of section 22 (3) of the Code of Conduct Bureau & Tribunal Act and paragraph 17 (3) of the 5th Schedule of the 1999 Constitution of the Federal Republic of Nigeria (as amended).
“Whether by virtue of the provisions of Paragraph 17 (1) of the 5th Schedule to the 1999 Constitution of the Federal Republic of Nigeria (as amended), Section 20 (1) and (4) of the Code of Conduct Bureau & Tribunal Act and the subsistence of the occupation of the office of the Chairman of the Code of Conduct Tribunal by Hon. Justice Danladi Yakubu Umar, the purported appointment and subsequent confirmation of the 10th or 11th Defendants into the same office by the 1st and 4th Defendants, respectively, is illegal, void, unconstitutional and of no effect same having been done in clear breach of the applicable provisions of the 1999 Constitution (Supra) and the Code of Conduct and Tribunal Act (Supra).
“Whether the purported removal of the chairman of the Code of Conduct Tribunal in the person of Hon. Justice Danladi Yakubu Umar as done by the 4th Defendant based on the motion and submission founded by distinguished Senator Opeyemi Bamidele during its plenary of 20th November 2024 and the subsequent concurrence by the 6th Defendant on 26th November, 2024 at its plenary has occasioned/amounted to a breach of Section 36(1) and Section 6 (5) of the 1999 Constitution of the Federal Republic of Nigeria (as amended) as the allegations of misconduct among others which formed the basis of the resolution/decision in issue has not been proved/established in the manner prescribed by law.
The plaintiff urged that If the above questions are answered in the affirmative the court should declare; that by virtue of the provisions of Sections 1(1) and (3), 6(6), 153 (1) € & (i) of the 1999 Constitution of the Federal Republic of Nigeria (as amended) as well as Paragraph 13 (a) (vii) and (b) of the Third Schedule thereof, the purported removal of the chairman of the Code of Conduct Tribunal by the 4th Defendant is illegal, void, unconstitutional and of no effect whatsoever same having been made pursuant to the provisions of section 157 (1) of the 1999 Constitution or any other law for that matter.
That, the court should, among others, declare that the removal of Umar as the chairman of the Code of Conduct Tribunal is illegal, void, unconstitutional and of no effect whatsoever same having been founded on a faulty legal foundation and to also declare that, the purported appointment and subsequent confirmation of the 10th or 11th Defendants into the same office by the 1st and 4th Defendants, respectively, is illegal, void, unconstitutional and of no effect same having been done in clear breach of the applicable provisions of the 1999 Constitution (Supra) and the Code of Conduct and Tribunal Act (Supra).
Meanwhile, Justice James Omotosho, who is to adjudicate in the matter has ordered that the processes in respect of the matter be served by substituted means by pasting them on the notice board of the Court, APC Secretariat and Office of Secretary to the Government of the Federation and adjourned the suit till January 14, 2025 for hearing.
