A Federal High Court in Abuja has issued an order that the Court processes in respect of a suit against President Bola Tinubu, Attorney-General of the Federation and Minister of Justice, Chief Lateef Olasunkanmi Fagbemi, the Senate President, Senator Godswill Akpabio and others challenging the legality of removal of Justice Danladi Yakubu Umar as Chairman of the Code of Conduct Tribunal (CCT) be served at the National Secretariat of the All Progressives Congress APC in Abuja.
Justice James Omotosho issued the order while ruling in an application for substituted service argued by lawyers.
Apart from the APC Secretariat, the Judge directed that the processes also be served on the office of Secretary to the Government of the Federation (OSGF) at the Federal Secretariat.
The Judge further ordered that the papers be pasted on the Notice Board of the Federal High Court in Abuja and shall be deemed appropriately served on the President and 10 other defendants in the suit.
The counsel had complained bitterly about the challenges being encountered in passing the court papers across to the defendants due to security mounted on the way to the affected defendants.
After granting the substituted means of service, the Judge fixed January 14, 2025 for hearing of the suit.
President Bola Tinubu, the Attorney-General of the Federation and Minister of Justice, the Senate President, Senator Godswill Akpabio had been dragged before the court over the alleged unlawful attempt to remove Justice Danladi Yakubu Umar as Chairman of the Code of Conduct Tribunal (CCT).
The President and 10 others were sued by two civil groups, Community Rescue Initiative, Toro Concerned Citizens of 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 10 other defendants.
The suit marked: FHC/ABJ/CS/1796/2024, was instituted on their behalf by Mahmoud M. Maidoki Esq., A.G Salisu Esq., Jibrin S. Jibrin Baq., and Abubakar S. Idris Bag.
In faulting the action of the National Assembly, the plaintiffs asked the Court to determine: ”
Whether by virtue of the provisions of Sections 1(1) and (3), 6(5), 153 (1) (e) & (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.
“Whether by virtue of the provisions of Sections 1(1) and (3) , 6(5), 153 (1) (e) & (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 concurrence by the 6” Defendant with the decision/resolution of the 4 Defendant purportedly removing the chairman of the Code of Conduct Tribunal taken at 4th Defendant’s plenary of the 20th November 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) (e) & (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.
“A declaration that by virtue of the provisions of Sections 1(1) and (3), 6(6), 153 (1) (e) & (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 concurrence by the 6th Defendant with the decision/resolution of the 4th Defendant purportedly removing the chairman of the Code of Conduct Tribunal taken at 4tj Defendant’s plenary of the 20th November 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 5® Schedule of the 1999 Constitution of the Federal Republic of Nigeria (as amended).
“A declaration that 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).
“A declaration that 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 4’th 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 (6) 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.
“An order restraining the 7th Defendant from communicating the resolution’ of the 4th and 6th Defendants removing the chairman of the Code of Conduct Tribunal in person of Hon. Justice Danladi Yakubu Umar to the 1st Defendant the removal having been done without following the due process of law.
“An order restraining the 8th and 9th Defendants from considering any person including the 10th or 11th Defendant for appointment by the 1st Defendant and subsequent confirmation by the 4th and 6th Defendants during, the subsistence of term of office of Hon. Justice Danladi Yakubu Umar.
By PRNigeria
