A member of the Osun State House of Assembly, Kanmi Ajibola, has instituted a legal action against the Nigerian military over the recent allegation of an attempted coup aimed at toppling the democratically elected government and removing President Bola Tinubu from office.
Ajibola, a lawyer and former Chairman of the Nigerian Bar Association (NBA), Ilesa Branch, filed the suit on Thursday, October 30, at the Federal High Court sitting in Osogbo, Osun State.
Listed as defendants in the suit are the Nigerian Army, the Air Force, the Navy, and the Attorney-General of the Federation.
In a 23-paragraph affidavit attached to his originating summons, the lawmaker argued that “there is nowhere in the Constitution or any Act of Armed Forces Act and any other Act of the National Assembly where the military is empowered to take over civil rule.”
Ajibola, who represents Oriade State Constituency, posed five questions for the court’s determination, insisting that “Section 217 (2) of the 1999 Constitution which listed the functions of the first three defendants was clear, saying there was nowhere stated that in their capacities to either by their officers or personnel perform, act or engage in any duty or duties contrary to those functions spelt out.”
He maintained that “the military is under compulsion to obey Sections 1 (2), 150 and 217 of the 1999 Constitution and Section 1 (3 to 5) of the Armed Forces Act and therefore ask the court to permanently ban the nation’s armed forces from forcefully taking over power, governance and control of Government of Nigeria by the way of coup d’etat or by any other means unknown to the Nigerian Constitution.”
In his affidavit, the lawmaker described the alleged coup attempt as a bad omen and “a slap on the face of all true democrats who fought for the enthronement of democracy in Nigeria.”
He said he was convinced that some officers “are still under the wrong knowledge that they can forcefully take over power, governance and control of government of Nigeria by the way of coup d’etat.”
Ajibola added that, as a lawyer and citizen who has fulfilled his civic duties, he is exercising his constitutional right by bringing the armed forces before the court.