A lawsuit has been filed before the Federal High Court in Abuja against President Bola Tinubu, Attorney-General of the Federation and Minister of Justice, Lateef Fagbemi, and Senate President Godswill Akpabio over the alleged unlawful removal of Justice Danladi Umar as Chairman of the Code of Conduct Tribunal (CCT).
The case has been initiated by two civil society organizations, the Community Rescue Initiative and Toro Concerned Citizens Relief Foundation, as well as an Abuja-based lawyer, Comrade Nasir Bala. The plaintiffs have raised serious constitutional concerns about the process through which Justice Umar’s removal was carried out, accusing the government of violating the law and bypassing the due process required by the Nigerian Constitution.
The plaintiffs have urged the Federal High Court to stop the Clerk of the National Assembly from transmitting the Senate and House of Representatives’ resolution that calls for the removal of Justice Umar to President Tinubu. They have also asked the court to prevent the President from acting on the resolution, arguing that the process of his removal was unconstitutional. According to the plaintiffs, the actions taken by the National Assembly violated the clear provisions of the 1999 Constitution of Nigeria.
The suit, which is marked as FHC/ABJ/CS/1796/2024, outlines several legal grounds for challenging Justice Umar’s removal. The plaintiffs contend that the removal process was not conducted in accordance with the Constitution and other relevant laws. Specifically, they are asking the court to determine whether the resolution passed by the National Assembly, which called for the removal of the CCT Chairman, was illegal, void, and of no effect. They argue that the procedure used by the legislature to remove Umar was in clear violation of several sections of the Constitution, including Sections 1(1) and (3), 6(5), 153(1)(e) & (i), and Paragraph 13(a)(vii) and (b) of the Third Schedule.
One of the central arguments presented by the plaintiffs is that the removal of the Chairman of the CCT did not follow the required legal processes, and therefore, the entire action is void. They argue that the decision made by the Senate, which was subsequently concurred with by the House of Representatives, was unconstitutional and based on a faulty legal foundation. The plaintiffs claim that the process failed to meet the constitutional requirements for removing a judicial officer such as Justice Umar, who holds a position that is protected under Nigerian law.
Furthermore, the plaintiffs question the actions of the President and Senate in appointing new individuals to the position of Chairman of the Code of Conduct Tribunal, suggesting that the appointment of the new chairman, whether done by President Tinubu or with the concurrence of the National Assembly, is also illegal. The plaintiffs argue that the appointment violated the provisions of the 1999 Constitution, the Code of Conduct Bureau and Tribunal Act, and Paragraph 17(1) of the Fifth Schedule of the Constitution, which they believe safeguard the integrity and tenure of judicial officers like the Chairman of the CCT.
The lawsuit also draws attention to the failure to follow due process in the removal of the CCT Chairman, highlighting the importance of the rule of law in ensuring that any such removal is done in a manner that is both constitutional and transparent. The plaintiffs argue that the National Assembly’s actions are inconsistent with the constitutional protections for judicial officers and have called on the court to make a declaration that would prevent any further action on the removal until the legality of the process has been properly adjudicated.
The plaintiffs have also sought a range of declarations from the court, including a ruling that the Senate and House of Representatives’ actions in removing Justice Umar were illegal, void, and unconstitutional. They have asked the court to declare that the actions of the National Assembly in removing the CCT Chairman violated both the Code of Conduct Bureau and Tribunal Act, as well as the provisions of the Nigerian Constitution, particularly the sections dealing with the tenure and removal of judicial officers.
In addition to seeking a declaration on the invalidity of the removal process, the plaintiffs have also asked the court to issue an order restraining the Clerk of the National Assembly from transmitting the resolution to President Tinubu. They have also sought an order preventing President Tinubu from acting on the resolution, arguing that the process of removal was done without following the legal procedures set forth in the Constitution.
The plaintiffs have made it clear that they are committed to ensuring that the rule of law is upheld in the matter, and they are confident that the courts will rule in their favor. They have stressed that it is crucial for the integrity of Nigeria’s judiciary that any decisions regarding the removal of judicial officers are made in accordance with the law. If the court rules in their favor, they believe that the removal of Justice Umar will be annulled, and the actions of the National Assembly, the President, and the Senate will be declared unconstitutional.
The case has attracted significant attention, as it raises serious questions about the independence of the judiciary in Nigeria. The role of the Code of Conduct Tribunal, which is tasked with enforcing the code of conduct for public officers, is considered critical in ensuring accountability and transparency in the Nigerian political system. Any action that undermines the integrity of this institution, including the unlawful removal of its Chairman, is seen as a threat to the rule of law and the fight against corruption in the country.
As the case progresses, all eyes will be on the Federal High Court to see how it handles the constitutional issues raised in the lawsuit. The court has adjourned the matter to January 14, 2025, for hearing, with Justice James Omotosho presiding over the case. The court has also ordered that the lawsuit documents be served through substituted means, including posting notices on the court’s notice board, the APC secretariat, and the Office of the Secretary to the Government of the Federation.
This lawsuit could have far-reaching implications for Nigeria’s political and judicial landscape, particularly with regard to the process for removing judicial officers and the protection of their independence. It also serves as a reminder of the importance of upholding constitutional processes and ensuring that actions taken by government institutions are fully compliant with the law.
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