President Bola Tinubu has requested the Federal High Court in Abuja to dismiss a lawsuit seeking to compel the National Assembly to begin impeachment proceedings against him over alleged human rights violations.
The suit, labeled FHC/ABJ/CS/1334/2024, was filed by legal practitioner Mr. Olukoya Ogungbeje.
The plaintiff, with the Attorney-General of the Federation and Minister of Justice, Prince Lateef Fagbemi, SAN, as the second defendant, is asking for six key reliefs.
He wants the court to declare that the alleged suppression of peaceful protests by the Tinubu administration constitutes an impeachable offense.
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The plaintiff claims that the government violently suppressed peaceful protests nationwide between August 1 and 10, 2024, which he argues is grounds for impeachment.
He contends that Section 143 of the 1999 Constitution, as amended, gives the National Assembly the authority to initiate impeachment proceedings against President Tinubu.
In response, President Tinubu and the AGF filed a joint preliminary objection, questioning the plaintiff’s legal standing to bring the case.
The defendants also argued that the lawsuit lacked merit and failed to present a valid cause of action.
Additionally, they challenged the court’s jurisdiction to hear the matter and requested the case be struck out for being improperly filed.
They argued that the suit was not initiated by the correct legal process and listed 18 reasons for dismissal.
The defendants further contended that the plaintiff filed the case on behalf of unnamed citizens and did not identify anyone whose rights were allegedly violated, which they claimed violates Section 46 of the Constitution.
According to the defendants, only the individual whose rights were infringed has the right to seek legal redress.
A counter-affidavit filed by Gbemga Oladimeji, a principal state counsel in the Federal Ministry of Justice, countered the plaintiff’s claims, stating that the Tinubu-led government supports democratic principles and allowed peaceful protests.
He also asserted that the protests in question were peaceful and conducted within a designated area with security presence to maintain order.
The court, led by Justice James Omotosho, adjourned the case until March 4, 2025, to allow the plaintiff’s lawyer, Mr. Stanley Okonmah, time to respond to the preliminary objections raised by President Tinubu and the AGF.
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