President Bola Ahmed Tinubu, Senate President Godswill Akpabio, and Attorney-General of the Federation (AGF), Lateef Fagbemi, have been taken to a Federal High Court in Abuja over the alleged unconstitutional removal of Justice Danladi Umar as Chairman of the Code of Conduct Tribunal (CCT).
The lawsuit was initiated by two civil society groups, Community Rescue Initiative and Toro Concerned Citizens Relief Foundation, alongside an Abuja-based lawyer, Comrade Nasir Bala. The plaintiffs are seeking an injunction to stop the Clerk of the National Assembly from transmitting the National Assembly’s resolution removing Umar to the president. They also aim to prevent the president from implementing the resolution, alleging that the removal violated the 1999 Constitution.
Claims and Reliefs Sought
The plaintiffs outlined seven declarative reliefs, including the following:
- A declaration that Umar’s removal is unconstitutional, illegal, and void for failing to comply with the 1999 Constitution.
- A ruling that the subsequent appointment and confirmation of another individual as CCT Chairman is also unconstitutional and void.
- An order affirming that Umar’s removal breached his constitutional rights and due process, as allegations against him were not proven according to legal standards.
Filed under suit number FHC/ABJ/CS/1796/2024, the case highlights alleged violations of constitutional provisions, including Sections 1(1), 6(5), 153, and 157 of the 1999 Constitution, as well as provisions within the Code of Conduct Bureau and Tribunal Act.
The plaintiffs specifically challenge actions by the National Assembly, alleging that the Senate’s resolution during its plenary on November 20, 2024, and the subsequent concurrence by the House of Representatives on November 26, 2024, lacked a solid legal foundation.
Court’s Directive and Adjournment
Justice James Omotosho, presiding over the matter, has directed that court processes be served via substituted means, including by posting them at the APC Secretariat, the Court’s notice board, and the Office of the Secretary to the Government of the Federation.
The court adjourned the hearing to January 14, 2025.
This case raises critical constitutional questions about the autonomy and governance of the Code of Conduct Tribunal and may set a significant precedent for future legislative and executive actions involving tribunal appointments and dismissals.
