By Mercy Okpe
President Bola Tinubu has filed a request with the Federal High Court in Abuja to dismiss a lawsuit aimed at compelling the National Assembly to initiate impeachment proceedings against him. The suit, designated FHC/ABJ/CS/1334/2024, was brought by legal practitioner Mr. Olukoya Ogungbe, who claims that the President’s administration has violated citizens’ rights.
The plaintiff is seeking six principal reliefs, including a declaration that the alleged suppression of peaceful protests under the Tinubu administration constitutes an impeachable offense. Specifically, Ogungbe contends that between August 1 and 10, 2024, the government responded violently to peaceful protests nationwide, which he argues is grounds for impeachment under section 143 of the 1999 Constitution.
In response, both President Tinubu and the Attorney-General of the Federation, Prince Lateef Fagbemi, SAN, filed a joint preliminary objection questioning Ogungbe’s legal standing to bring the case. They argue that the suit is incompetent and lacks a reasonable cause of action, asserting that it was not initiated following the appropriate legal procedures.
The defendants further contend that the plaintiff failed to identify any individuals whose rights were allegedly violated, claiming that only those directly impacted have the right to seek redress in court according to Section 46 of the Constitution. They assert that the president’s government has been a promoter of democratic values, allowing citizens to express grievances and conduct peaceful protests.
In a counter affidavit, Gbemga Oladimeji, a principal state counsel in the Federal Ministry of Justice, refuted the plaintiff’s claims, stating that the protests during the specified period were peaceful and conducted under a court order that restricted their location. He emphasized that security forces were present to ensure the safety of protesters and maintain public order.
Justice James Omotosho has adjourned the case until March 4, allowing the plaintiff’s counsel, Mr. Stanley Okonmah, time to respond to the preliminary objections raised by President Tinubu and the Attorney-General.
