President Bola Tinubu has urged the Federal High Court in Abuja to dismiss a lawsuit seeking to compel the National Assembly to initiate impeachment proceedings against him over alleged human rights violations.
The suit, marked FHC/ABJ/CS/1334/2024, was filed by legal practitioner Olukoya Ogungbeje, with Attorney-General of the Federation (AGF) and Minister of Justice, Lateef Fagbemi, SAN, listed as the second defendant. The plaintiff is seeking six key reliefs, arguing that the Tinubu-led administration’s alleged suppression of peaceful protests constitutes an impeachable offense.
Citing incidents between August 1 and 10, 2024, Ogungbeje claimed that security forces violently clamped down on peaceful demonstrators across the country.
He maintained that Section 143 of the 1999 Constitution empowers the National Assembly to initiate impeachment proceedings against the president.
Tinubu, AGF Fire Back
In a joint preliminary objection, President Tinubu and the AGF challenged the plaintiff’s locus standi, questioning his legal right to institute the case.
They argued that the suit lacked merit and failed to disclose any reasonable cause of action.
Represented by a team of lawyers led by Sanusi Musa, SAN, the defendants contended that the suit was incompetent and initiated under the wrong legal procedure.
They applied for “an order striking out this suit for being incompetent as this suit is not initiated by due process of law.”
Listing 18 reasons for the case’s dismissal, Tinubu and the AGF argued that the plaintiff acted on behalf of faceless citizens without identifying individuals whose rights were allegedly violated.
They maintained that under Section 46 of the 1999 Constitution, only those directly affected could seek redress in court.
Government Defends Protest Handling
A counter-affidavit, deposed by Gbemga Oladimeji, a principal state counsel in the Federal Ministry of Justice, defended the government’s stance.
He asserted that the Tinubu administration upholds democratic principles and allows peaceful protests.
“I know for a fact that the protest conducted between 1st August 2024 and 10th August 2024 was peaceful, as there was a court order limiting the protesters to demonstrate within a confined location,” he stated.
He further argued that security agents were deployed to protect demonstrators and prevent hoodlums from hijacking the protest.
“The 1st defendant has always ensured that law and order are adhered to strictly by security agencies and institutions of government,” he added.
Refuting claims of constitutional violations, Oladimeji emphasized, “There has been no breach on his part that would warrant his impeachment from office as the President of the Federal Republic of Nigeria.”
Case Adjourned
Meanwhile, Justice James Omotosho adjourned the case till March 4, 2025, to allow the plaintiff’s counsel, Stanley Okonmah, to respond to the preliminary objections raised by President Tinubu and the AGF.
