A lawyer and activist, Barrister Olukoya Ogungbeje, has filed a suit before a Federal High Court, Abuja, against President Bola Ahmed Tinubu, on alleged breach of Oath of office and Oath of Allegiance to the provisions of the Nigeria Constitution.
Joined as President Tinubu co-respondent in the suit numbered FHC/ABJ/CS/1334/2024, is the Attorney General of the Federation and Minister of Justice.
Ogungbeje in his originating summon which is pursuant to Order 3 Rules 8 and 9 of the Federal High Court Civil Procedure Rules 2019 and under the court’s inherent jurisdiction, is before Justice Justice Omotosho.
In the suit, the constitutional lawyer cum activist is seeking interpretation on some questions of law challenging the brazen, sundry and flagrant violations and breaches of the provisions of the Constitution of the Federal Republic of Nigeria by the President of the Federal Republic of Nigeria
He is also canvassing that the respondents being public office holders created by the Constitution are slaves to the Constitution and have an unqualified obligation to be bound by its provisions.
Specifically, Ogungbeje is praying the court for the determination of the following: “a determination of the question whether the persistent brutal repression and suppression of peaceful protests organized by Nigerian Citizens from the 1st of August 2024 to the 10th of August 2024, the stifling of the rights to freedom of assembly, association, expression and free press as guaranteed under sections 38, 39 and 40 of the Constitution under a democratic dispensation by the executive arm of government headed and led by the 1st Respondent (Asiwaju Bola Ahmed Tinubu) resulting the senseless killings of Nigerian citizens is not a fundamental breach and flagrant violation of the provisions of the Constitution and constitutes a gross misconduct to ground impeachment proceedings against the 1st Respondent (Asiwaju Bola Ahmed Tinubu) and removal from office as enshrined under sections 143 (2) (b) and 143 (11) of the Constitution of the Federal Republic of Nigeria, 1999 (As Amended).
“A determination of the question whether the brazen and persistent disobedience to orders and Judgments of Court inherent in the judicial powers bestowed on the court and created by sections 6 (6) (b) and 287 (3) of the Constitution of the Federal Republic of Nigeria under a democratic dispensation by the executive arm of government led and headed by the 1st respondent (Asiwaju Bola Ahmed Tinubu) is not a fundamental breach of the provisions of the Constitution and constitutes a gross misconduct to ground impeachment proceedings against the 1st respondent (Asiwaju Bola Ahmed Tinubu) and removal from office as provided under sections 143 (2) (b) and 143 (11) of the 1999 Constitution of the Federal Republic of Nigeria (As Amended)
“A determination of the question whether if any of the above questions IS answered in the affirmative, the 1st respondent (Asiwaju Bola Ahmed Tinubu) has not breached his Oath of Office and Oath of Allegiance as the holder of the office of President of the Federal Republic of Nigeria in the performance of the functions of his office and this constitutes a gross misconduct to ground his impeachment and removal from office as President of the Federal Republic of Nigeria as enshrined under section 143 (11) of the 1999 Constitution of the Federal Republic of Nigeria, 1999 (As Amended)”
Ogungbeje also praying the court for the following reliefs: “a declaration that the persistent brutal repression and suppression of peaceful protests organized by Nigerian Citizens from the 1st of August 2024 to the 10th of August 2024 and the stifling and gagging of the rights to freedom of assembly and association, freedom of expression and free press guaranteed under sections 38, 39 and 40 of the Constitution under a democratic dispensation by the executive arm of government under the control of the 1st Respondent (Asiwaju Bola Ahmed Tinubu) resulting the senseless killings of Nigerian citizens is a fundamental breach and flagrant violation of the provisions of the Constitution of the Federal Republic of Nigeria and thus constitutes a gross misconduct to ground impeachment proceedings against the 1st Respondent (Asiwaju Bola Ahmed Tinubu) and his removal from office as enshrined under sections 143 (2) (b) and 143 (11) of the Constitution of the Federal Republic of Nigeria, 1999 (As Amended)
“A declaration that the brazen and persistent disobedience to orders and Judgments of Court inherent in the judicial powers created by sections 6 (6) (b) and 287 (3) of the Constitution of the Federal Republic of Nigeria under a democratic dispensation by the executive arm of government headed and led by the 1st Respondent (Asiwaju Bola Ahmed Tinubu) is a fundamental breach and flagrant violation of the provisions of the Constitution of the Federal Republic of Nigeria and thus constitutes a gross misconduct to ground impeachment proceedings against the 1st Respondent (Asiwaju Bola Ahmed Tinubu) and his removal from office as provided under sections 143 (2) (b) and 143 (11) of the Constitution of the Federal Republic of Nigeria, 1999, (As Amended).
“An order of the Court compelling the National Assembly comprising the Senate and Federal House of Representatives to carry out their Constitutional obligation and duty imposed on them by section 143 of the Constitution by immediately initiating and setting machinery in motion for impeachment proceedings against the 1st Respondent (Asiwaju Bola Ahmed Tinubu) within the stipulated period and time provided by the provisions of the Const tution of the Federal Republic of Nigeria 1999 (As Amended)
“An order of the Court that the failure and or refusal of the National Assembly comprising the Senate and Federal House of Representatives, to carry out their Constitutional obligation and duty imposed on them by section 143 of the Constitution by immediately initiating and setting machinery in motion for impeachment proceedings against the 1st Respondent (Asiwaju Bola Ahmed Tinubu) within the stipulated period and time provided by the provisions of the Constitution the Judgment of the Court SHALL be sufficient proof of gross misconduct against the 1st Respondent as enshrined under section 143 (11) of the Constitution of the Federal Republic of Nigeria. 1999 (As Amended) and the 1st Respondent SHALL be barred from holding or occupying any political or public office in Nigeria and stand removed from office as President of the Federal Republic of Nigeria from the date of the delivery of the Judgment of this Honourable Court.
“An order of the Court that the provisions of section 146 (1) of the Constitution of the Federal Republic of Nigeria SHALL be complied with to the letter by all persons and authorities especially the 2nd Respondent who have sworn to abide by the provisions of the Constitution of the Federal Republic of Nigeria, 1999 (As Amended).
“An order of perpetual injunction restraining the Respondents from interfering, preventing, blocking and or circumventing the immediate compliance with the provisions of sections 143 and 146 of the Constitution of the Federal Republic of Nigeria on the facts connected with or related to the facts of this case.”
Attached with the originating motion is a 35 paragraph-affidavit deposed to the the lawyer; a written address, and affidavit of non-multiplicity.
While the nation’s Attorney-General of the Federal/Justice Minister has appeared for the respondents, no counter has been filed to the suit.
The matter has been adjourned to January 30, 2025, for hearing.
