President Bola Ahmed Tinubu has asked the Federal High Court in Abuja to dismiss a lawsuit that seeks to force the National Assembly to begin impeachment proceedings against him.
The lawsuit, filed by lawyer Olukoya Ogungbeje, accuses the president’s administration of suppressing peaceful protests and violating the constitutional rights of Nigerians.
Ogungbeje’s case, numbered FHC/ABJ/CS/1334/2024, specifically claims that the government’s actions against peaceful protesters between August 1 and 10, 2024, amounted to gross misconduct and should be grounds for impeachment under Nigeria’s 1999 Constitution.
However, President Tinubu and the Attorney-General of the Federation (AGF), Prince Lateef Fagbemi, have jointly asked the court to strike out the case.
Their defense argues several points, including that Ogungbeje does not have the legal right to file the suit because he was not directly affected by the alleged violations.
“By the provision of Section 46 of the 1999 Constitution (as amended), only persons whose fundamental rights have been breached can seek legal redress. The plaintiff cannot bring a case on behalf of ‘faceless citizens,’” the defense argued.
They also claim the case lacks proper legal grounds and was filed incorrectly.
The legal team representing the president and AGF insists that matters of impeachment fall solely under the National Assembly’s responsibility, not the judiciary.
According to the defendants, “Pursuant to the provision of Section 46 (3), the Chief Justice of Nigeria has {brought into being the Fundamental Rights (Enforcement Procedure) Rules, 2009, which makes ample provision of the procedure to follow in filing an action with respect to a breach of the Fundamental Rights of any Nigerian.”
They further argue that Ogungbeje filed the lawsuit on behalf of unnamed citizens and failed to prove that his personal rights were violated.
In a supporting affidavit, the AGF’s office explained that the Tinubu administration has always supported democratic rights, including the right to protest.
“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 added.
They clarified that security forces were present during the protests to ensure the safety of demonstrators and prevent any violence.
“I know as a fact that the 1st defendant has always ensured that law and order are adhered to strictly by the security agencies and institutions of the arm of government.
“Contrary to the deposition in paragraph 26 of the Affidavit in support of the Originating Summons, I know as a fact that the 1st defendant has not violated any provision of his oath of office and allegiance.
“There has been no breach on his part that would warrant his impeachment from office as the President of the Federal Republic of Nigeria,” he further averred.
The court has scheduled the next hearing for March 4, 2025, giving Ogungbeje’s team time to respond to the objections raised by the defendants.
