President Bola Tinubu has asked the Federal High Court in Abuja to throw out a lawsuit seeking to force the National Assembly to begin impeachment proceedings against him over alleged human rights violations.
The suit, filed under suit number FHC/ABJ/CS/1334/2024, was brought by legal practitioner Olukoya Ogungbeje.
He named the Attorney-General of the Federation (AGF) and Minister of Justice, Lateef Fagbemi, as the second defendant.
Ogungbeje is asking the court to rule that the Tinubu administration’s suppression of peaceful protests amounts to an impeachable offense.
He claimed that between August 1 and 10, 2024, the government used force against demonstrators nationwide, arguing that such actions constitute misconduct justifying removal from office.
Citing Section 143 of the 1999 Constitution, he insists that the National Assembly has the power to begin impeachment proceedings against the president.
In response, President Tinubu and the AGF filed a preliminary objection, questioning the plaintiff’s legal standing to bring the case.
The government argued that the suit lacks merit and does not present a valid cause for legal action.
Led by lawyer Sanusi Musa, the defense team also challenged the court’s jurisdiction, urging it to dismiss the suit for not following proper legal procedures.
They listed 18 reasons why the case should be struck out, emphasizing that Ogungbeje is acting on behalf of unnamed individuals and has not shown that his own rights were violated.
The government further argued that, under Section 46 of the Constitution, only people directly affected by a rights violation can seek redress in court.
They pointed out that the Fundamental Rights (Enforcement Procedure) Rules, 2009, outline the correct process for filing such claims.
A counter-affidavit from Gbemga Oladimeji, a principal state counsel in the Federal Ministry of Justice, defended the president’s record on democracy and civil liberties.
He stated that the protests referenced in the lawsuit were peaceful and took place within a designated area based on a court order.
He added that security forces, under the president’s authority, were deployed to protect protesters and prevent violence.
The affidavit emphasized that Tinubu has upheld law and order, ensuring that security agencies act within legal boundaries.
“I know for a fact that the protest conducted between 1st August 2024 and 10th August 2024 was peaceful, as there was a court order limiting the protesters to demonstrate within a confined location.
“I know as a fact that the 1st defendant has always ensured that law and order are adhered to strictly by the security agencies and institutions of the arm of government.
“Contrary to the deposition in paragraph 26 of the Affidavit in support of the Originating Summons, I know as a fact that the 1st defendant has not violated any provision of his oath of office and allegiance.
“There has been no breach on his part that would warrant his impeachment from office as the President of the Federal Republic of Nigeria,” Oladimeji further averred.
Justice James Omotosho has postponed further hearings until March 4, giving Ogungbeje’s lawyer, Stanley Okonmah, time to respond to the government’s objections.
KanyiDaily recalls that the Supreme Court recently dismissed a lawsuit filed by Ambrose Owuru, a presidential candidate of the Hope Democratic Party (HDP), seeking the removal of President Bola Tinubu from office.