President Bola Tinubu has urged the Federal High Court in Abuja to dismiss a lawsuit seeking to compel the National Assembly to begin impeachment proceedings against him. The case, filed by legal practitioner Olukoya Ogungbeje, alleges rights violations by Tinubu’s administration.
Marked as FHC/ABJ/CS/1334/2024, the lawsuit names the Attorney-General of the Federation and Minister of Justice, Prince Lateef Fagbemi, SAN, as the second defendant. The plaintiff is asking the court for six key rulings, including a declaration that the suppression of peaceful protests by Tinubu’s government amounts to an impeachable offense.
Ogungbeje claims that between August 1 and 10, 2024, security forces violently clamped down on peaceful demonstrations across Nigeria. He argues that such actions constitute misconduct and provide grounds for impeachment under Section 143 of the 1999 Constitution.
Tinubu and AGF Challenge the Suit
In response, President Tinubu and the AGF filed a joint preliminary objection, questioning the plaintiff’s legal standing to bring the case to court. They argue that the lawsuit lacks merit and does not establish any valid cause of action.
Through a legal team led by Sanusi Musa, SAN, they also challenged the court’s jurisdiction to hear the matter. The defense argues that the case was filed under the wrong procedure and should be struck out.
Plaintiff Lacks Legal Right, Says Defense
Providing 18 reasons why the case should be dismissed, Tinubu and the AGF argue that Ogungbeje is representing faceless citizens and has not identified the specific individuals whose rights were allegedly violated.
Citing Section 46 of the 1999 Constitution, they insist that only those directly affected by rights violations can seek redress in court. They also refer to the Fundamental Rights (Enforcement Procedure) Rules, 2009, established by the Chief Justice of Nigeria, which outlines the proper legal process for such cases.
The defense further states that two of the plaintiff’s questions for the court focus on alleged constitutional breaches by Tinubu. However, they argue that Ogungbeje has not demonstrated how his own rights have been violated.
Government Defends Tinubu’s Record
In a counter affidavit, Gbemga Oladimeji, a principal state counsel at the Federal Ministry of Justice, argues that Tinubu’s administration supports democracy and does not suppress protests.
He claims that protests between August 1 and 10, 2024, were conducted peacefully under a court order that restricted demonstrations to designated areas. Security forces, he says, were deployed to ensure protesters’ safety and prevent criminal activities.
“I know as a fact that President Tinubu has upheld law and order while ensuring security agencies act within legal boundaries,” Oladimeji states. He also denies any violation of Tinubu’s oath of office, arguing that no legal grounds exist for impeachment.
Court Adjourns Case
Following the defense’s objections, Justice James Omotosho adjourned the case to March 4. This allows the plaintiff’s counsel, Stanley Okonmah, time to respond to the preliminary objections raised by Tinubu and the AGF.
