Bola Ahmed Tinubu,Akpabio, and AGF Lateef Fagbemi Face Court Action Over the Removal of Code of Conduct Tribunal Chairman, Danladi Umar
A Federal High Court in Abuja is set to hear a lawsuit against President Bola Ahmed Tinubu, Attorney-General of the Federation (AGF) Lateef Fagbemi, and Senate President Godswill Akpabio over the controversial removal of Justice Danladi Umar as Chairman of the Code of Conduct Tribunal (CCT).
The legal action was initiated by civil society organizations — Community Rescue Initiative and Toro Concerned Citizens Relief Foundation — alongside an Abuja-based lawyer, Comrade Nasir Bala. They allege that the process leading to Justice Umar’s removal bypassed constitutional provisions and due process.
Court Action to Halt Resolution Transmission
The plaintiffs have requested the court to restrain the Clerk of the National Assembly from transmitting the Senate and House of Representatives’ resolution recommending Justice Umar’s removal to President Tinubu. They also seek an order preventing the President from acting on the resolution, describing the process as unconstitutional and void.
Their case, marked FHC/ABJ/CS/1796/2024, contends that the resolution breaches key sections of the 1999 Constitution, including Sections 1(1), 1(3), and 153(1). The plaintiffs argue that the removal process was marred by irregularities and failed to meet the legal standards required for the dismissal of a judicial officer.
New CCT Appointment Under Fire
In addition, the plaintiffs have called into question the legality of appointing a new CCT Chairman. They claim the appointment, allegedly orchestrated by President Tinubu and the National Assembly, contravenes the Code of Conduct Bureau and Tribunal Act and the Fifth Schedule of the Constitution.
Plaintiffs Demand Justice
The lawsuit seeks a court declaration voiding the removal of Justice Umar and nullifying the National Assembly’s resolution. The plaintiffs argue that any decision affecting the tenure of judicial officers must strictly adhere to constitutional provisions, emphasizing the need to preserve the judiciary’s independence.
Hearing Adjourned to January
The case, presided over by Justice James Omotosho, has been adjourned to January 14, 2025, for hearing. The court has also granted substituted service of the lawsuit documents via notices on its notice board, the APC Secretariat, and the Office of the Secretary to the Government of the Federation.
Implications for Rule of Law and Governance
This legal battle highlights critical concerns over judicial independence and constitutional governance in Nigeria. With the role of the Code of Conduct Tribunal central to promoting accountability among public officials, observers view this lawsuit as a test of the country’s commitment to the rule of law.
Stay tuned for updates on this developing story.
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