President Bola Tinubu has urged the Federal High Court in Abuja to dismiss a suit seeking to compel the National Assembly (NASS) to initiate impeachment proceedings against him over alleged human rights violations.
The suit, filed by legal practitioner Olukoya Ogungbeje, is marked FHC/ABJ/CS/1334/2024 and names Attorney-General of the Federation (AGF) and Minister of Justice, Prince Lateef Fagbemi, SAN, as the second defendant.
Allegations Against Tinubu
Ogungbeje is seeking six principal reliefs, including a declaration that the suppression of peaceful protests by the Tinubu-led administration constitutes an impeachable offence.
He alleged that between August 1 and 10, 2024, security forces violently clamped down on peaceful protesters across Nigeria. He argued that this act constitutes gross misconduct, warranting the activation of Section 143 of the 1999 Constitution, which empowers NASS to commence impeachment proceedings.
Tinubu and AGF Challenge Suit’s Competence
In response, President Tinubu and the AGF have filed a joint preliminary objection, challenging Ogungbeje’s locus standi (legal right) to sue and urging the court to dismiss the suit for lack of merit.
Represented by a legal team led by Sanusi Musa, SAN, the defendants argue that:
- The plaintiff lacks the legal standing to bring the case as he has not demonstrated how his personal rights were violated.
- The court lacks jurisdiction to entertain the matter.
- The suit was not initiated through the correct legal procedure and should be struck out.
- The plaintiff failed to identify specific victims of the alleged rights violations, making the case speculative.
Citing Section 46 of the 1999 Constitution, they contended that only individuals whose fundamental rights were directly breached can seek redress in court.
Government Denies Rights Violations
In a counter-affidavit deposed by Gbemga Oladimeji, a principal state counsel at the Federal Ministry of Justice, the government insisted that Tinubu has upheld democratic values and allowed peaceful protests.
Oladimeji stated that:
- The August protests were peaceful and conducted within court-approved boundaries.
- Security agents were deployed to protect protesters and prevent disruption by hoodlums.
- Tinubu has not breached his oath of office, and there is no legal basis for impeachment.
Court Adjourns Case
After hearing initial arguments, Justice James Omotosho adjourned the matter to March 4, 2025, to allow the plaintiff’s counsel, Stanley Okonmah, to respond to the preliminary objections raised by Tinubu and the AGF.
The case is expected to test the limits of executive power and the legal thresholds for impeachment proceedings in Nigeria.
