Tinubu Challenges Impeachment Suit In Court

President Bola Tinubu has formally requested the Federal High Court in Abuja to reject a lawsuit demanding that the National Assembly initiate impeachment proceedings against him. The case, filed under suit number FHC/ABJ/CS/1334/2024, was brought by legal practitioner Olukoya Ogungbeje.

The Attorney-General of the Federation (AGF) and Minister of Justice, Prince Lateef Fagbemi, SAN, is named as the second defendant in the lawsuit.

Allegations Against Tinubu’s Administration

The plaintiff claims that the Tinubu administration systematically suppressed peaceful protests held by Nigerian citizens, thereby committing an impeachable offense. Specifically, he alleges that between August 1 and August 10, 2024, security forces violently disrupted peaceful demonstrations across the country, violating citizens’ fundamental rights.

Citing Section 143 of the 1999 Constitution (as amended), the plaintiff argues that the National Assembly has the constitutional power to initiate impeachment proceedings against the President for such alleged misconduct.

Tinubu and AGF Challenge the Lawsuit

In response, President Tinubu and the AGF jointly filed a preliminary objection, questioning the locus standi (legal standing) of the plaintiff to bring the case before the court.

Their legal team, led by Sanusi Musa, SAN, contended that the suit is both incompetent and lacks merit, failing to present a legitimate cause of action that justifies judicial intervention. They further argued that:

The plaintiff is not directly affected by the alleged rights violations and is filing the case on behalf of unidentified individuals.
Under Section 46 of the 1999 Constitution, only individuals whose rights have been violated can seek legal redress.
The suit was improperly filed, as it did not follow the correct legal procedures outlined in the Fundamental Rights (Enforcement Procedure) Rules, 2009.

Court Urged to Strike Out the Case

The defendants submitted 18 legal reasons why the court should dismiss the case outright. Among their key arguments:

The lawsuit is procedurally flawed and was not initiated following due legal process.
The plaintiff failed to prove personal harm, as required under Nigerian constitutional law.
The Nigerian government, led by President Tinubu, upholds democratic values and respects the right to peaceful protest.

Supporting the defense, Gbemga Oladimeji, a principal state counsel at the Federal Ministry of Justice, affirmed in a counter affidavit that the August 2024 protests were peaceful and conducted under legal guidelines. He asserted that the Tinubu administration promotes free speech and public demonstrations within the law.

Conclusion

The legal battle over President Tinubu’s impeachment request remains ongoing. The court’s decision on whether to dismiss the case or proceed with hearings will set a crucial precedent regarding presidential accountability and citizens’ rights in Nigeria.