A Federal High Court in Abuja has been requested to restrain President Bola Tinubu, Senate President Godswill Akpabio, and other officials from using the Police and the Department of State Services (DSS) to impede the activities of the Code of Conduct Tribunal (CCT), particularly its Chairman, Justice Danladi Yakubu Umar.
The Police and DSS, acting under the directives of Tinubu as Commander-in-Chief, have been asked to refrain from inviting, intimidating, investigating, or subjecting any officials of the CCT, including Justice Umar, to their operations related to the Tribunal. This request is to remain in effect pending the hearing and determination of a Motion on Notice.
The ex-parte application follows a lawsuit (marked FHC/ABJ/CS/1796/2024) brought forth by two organizations and an Abuja-based attorney, who are challenging the legality of efforts to remove Justice Umar from his position without adhering to due process.
The applicants, identified as the Community Rescue Initiative, Toro Concerned Citizens & Relief Foundation, and Barrister Nasiru Bala, have filed against a broad range of defendants, including the President of Nigeria, the Attorney-General, the Senate President, and other key governmental bodies, totaling 11 defendants.
In their ex-parte application, the plaintiffs seek an interim injunction that would prevent the National Judicial Council (NJC) and the Federal Judicial Service Commission (FJSC) from taking steps to appoint Dr. Mainasara Umar Kogo as Chairman of the CCT until the Motion on Notice is heard.
Additionally, the applicants want the court to bar Kogo from claiming the office of CCT Chairman or obstructing the Tribunal’s functions until the ongoing legal matters are resolved. They also seek a ruling to prevent the defendants from recognizing or dealing with Kogo in any official capacity related to the CCT during this period.
The ex-parte application is based on 14 grounds asserting that the central issue concerns the alleged unlawful removal of Justice Umar as CCT Chairman. According to the plaintiffs, Umar has a direct stake in the case as he occupies the position in question.
Key points raised in their application include:
– The plaintiffs have previously filed an originating summons on November 28, 2024, addressing the validity of resolutions purportedly removing Justice Umar conducted on November 20 and 26, 2024.
– The plaintiffs point out that the 1st defendant previously announced the appointments of Kogo and another individual as CCT Chairman, despite Justice Umar’s current occupancy of that office.
– Urgent action by the court is necessary to maintain the status quo until the determination of the motion, especially given the actions of Kogo, who has reportedly begun conducting himself as the Chairman even without an official oath of office.
The plaintiffs are specifically seeking to restrain the Clerk of the National Assembly from forwarding the concurrent resolutions of the Senate and House of Representatives that allegedly remove Umar from his position. They argue that the procedures mandated by law, particularly the 1999 Constitution, were not followed in this purported removal.
Through their filings, the plaintiffs additionally request a total of seven declarative reliefs against the President and the other defendants, emphasizing the illegality and potential unconstitutionality of the actions taken against Justice Umar.
The suit has been filed by legal representatives Mahmoud M. Maidoki Esq., A.G. Salisu Esq., Jibrin S. Jibrin Baq., and Abubakar S. Idris Bag, who aim to uphold the integrity of the CCT and protect the constitutional rights of its Chairman during this contentious period.
By PRNigeria
