President Bola Tinubu has urged the Federal High Court in Abuja to dismiss a lawsuit calling for the National Assembly to initiate impeachment proceedings against him over alleged human rights violations.
The suit, filed by legal practitioner Olukoya Ogungbeje, accuses Tinubu’s administration of suppressing peaceful protests, arguing that such actions amount to an impeachable offense.
However, both President Tinubu and the Attorney-General of the Federation (AGF), Prince Lateef Fagbemi, SAN, have opposed the suit, challenging the legal standing of the plaintiff.
They contended that Ogungbeje has no basis for the action and that the court lacks the jurisdiction to entertain the case.
In a joint preliminary objection, the defendants presented 18 reasons why the case should be struck out.
They argued that the plaintiff is acting on behalf of “unnamed citizens” without identifying any specific individuals whose rights were allegedly violated. According to them, only those directly affected by such violations can seek redress under Section 46 of the 1999 Constitution.
Furthermore, the defendants asserted that the suit fails to establish any specific constitutional breach by the president that directly affects the plaintiff.
Supporting this stance, Gbemga Oladimeji, a principal state counsel at the Federal Ministry of Justice, stated in a counter affidavit that President Tinubu’s government upholds democratic values, allowing citizens to voice their concerns and hold peaceful protests.
“I can confirm that the protests held between August 1 and August 10, 2024, were peaceful and took place within the designated area, as directed by a court order,” he stated.
Justice James Omotosho has adjourned the case to March 4, granting time for the plaintiff’s counsel to respond to the preliminary objection raised by President Tinubu and the AGF.