President Bola Tinubu has urged the Federal High Court in Abuja to dismiss a lawsuit demanding that the National Assembly initiate impeachment proceedings against him over alleged rights violations.
The case, filed under the reference FHC/ABJ/CS/1334/2024, was brought by lawyer Olukoya Ogungbeje.
Ogungbeje, with the Attorney-General of the Federation, Prince Lateef Fagbemi, SAN, as the second defendant, seeks six key reliefs from the court. He argues that the alleged suppression of peaceful protests by the Tinubu administration should be grounds for impeachment, citing instances where the government allegedly used force against peaceful protesters between August 1 and 10, 2024. The plaintiff claims this constitutes misconduct under Section 143 of the 1999 Constitution, which authorizes the National Assembly to move for impeachment.
However, Tinubu and the Attorney-General have filed a joint objection to the suit, questioning Ogungbeje’s legal standing to bring the action. They also argue that the case lacks sufficient grounds for judicial review and should be dismissed as incompetent.
The defendants further contend that the suit was filed improperly and should be struck out, stating it was initiated under the wrong procedure. They present 18 reasons for the case’s dismissal, including that Ogungbeje filed on behalf of unidentified citizens, failing to disclose any individuals whose rights were allegedly violated. According to Section 46 of the 1999 Constitution, only those directly affected by a rights violation can seek judicial redress.
In a counter-affidavit, Gbemga Oladimeji, a principal state counsel at the Federal Ministry of Justice, denied the plaintiff’s claims, asserting that the Tinubu government promotes democratic principles. He stated that protests between August 1 and 10, 2024, were peaceful, with a court order limiting their location. Security forces ensured the protests were orderly and protected participants.
The deponent affirmed that President Tinubu has adhered to his constitutional duties, and no breach occurred that would justify impeachment.
The court, led by Justice James Omotosho, adjourned the case to March 4, 2025, to allow Ogungbeje’s counsel, Mr. Stanley Okonmah, to respond to the preliminary objection.
