background img

Glo-DWP-Web-Ad-728x90

2 years ago
1016 Views
0 0

Lagos: Lawyer sues Buhari over failure to appoint Ministers

Written by
l.jpg

Only in Lagos

Glo-DWP-Web-Ad-300x250

Controversial Lagos Lawyer and Activist, Ebun-Olu Adegboruwa, Esq., of ‘Kogun Chambers, has filed a fresh suit against the government of President Muhammadu Buhari over what he tagged extreme delay in the formation of his cabinet and for running the affairs of Nigeria as lone ranger as well as in a dictatorial manner.

In a suit he filed today at the Federal High Court, Lagos, a copy of which was made available to DAILY POST, the lawyer said the continued stay of action of President Buhari on the appointment of his Ministers was contrary to the constitution of the Federal Republic of Nigeria.

The lawyer therefore requested for the determination of the following questions:

That : 1. Whether under and by virtue of section 147(1) and (2) of the Constitution of the Federal Republic of Nigeria, 1999, the 1st Respondent is not obliged and under a duty to appoint qualified persons into offices to function as the Ministers of the Federal Republic of Nigeria, upon his swearing in and oath of office since May 29, 2015.

2. Whether the failure, omission or neglect by the 1st Respondent to appoint qualified persons into offices to function as the Ministers of The Federal Republic of Nigeria is not illegal and a contravention of the Constitution of the Federal Republic of Nigeria, 1999, such as to disqualify the 1st Respondent from continuing to function in office as the President of the Federal Republic of Nigeria.

3. Whether the 1st Respondent is entitled to run and administer the affairs of the Federal Republic of Nigeria as his personal family empire or as a lone ranger and in a dictatorial manner, without appointing qualified persons to run the affairs of the country with him in the Federal Executive Council in contravention of the Constitution of the Federal Republic of Nigeria, 1999.

4. Whether under and by virtue of Section 148(1) and (2) of the Constitution of the Federal Republic of Nigeria, 1999, the 1st Respondent is not under a duty to hold regular meetings with Ministers of The Federal Republic of Nigeria, duly appointed by him, to formulate policies for and plan the affairs of the Federal Republic of Nigeria and not to be running and operating same as a private family empire or as a lone ranger or as a dictator.

5. Whether the 1st Respondent, upon his swearing in and oath of office since May 29, 2015, is entitled to abandon, discard or jettison the office and residence of the President of the Federal Republic of Nigeria, otherwise known as Aso Rock Villa, Federal Capital Territory, Abuja and to be running the affairs of the Federal Republic of Nigeria from some illegal and unknown location or premises other than the said Aso Rock Villa.

6. Whether under and by virtue of Section 150 CFRN 1999, the 1st Respondent being a commissioned officer of the Nigeria Army (now retired) trained strictly in warfare and garrison affairs is so qualified, fit and proper to run the affairs of the Federal Republic of Nigeria alone and without a qualified person appointed into the office of Attorney General of The Federation.

Ebun-Olu however sought the following reliefs against the Presidents:

1. A DECLARATION, that the 1st Respondent having declared his assets and subscribed the oath of office of The President of The Federal Republic of Nigeria, is deemed to be performing the functions of the office of the president and as such has a duty to perform the functions of the office as provided for in the Constitution of the Federal Republic of Nigeria.

2. A DECLARATION, that under and by virtue of Section 147(1) and (2) of the 1999 Constitution, the 1st Respondent is obliged and has a duty to appoint qualified persons into offices to function as the Ministers of the Federal Republic of Nigeria.

3. A DECLARATION, that the failure, neglect or omission by the 1st Respondent to appoint qualified persons to function in the offices of Ministers of the Federal Republic of Nigeria to run and administer the affairs of this Federal Republic of Nigeria through the Federal Executive Council, is illegal, unconstitutional and null and void.

4. A DECLARATION that the 1st Respondent is not entitled to run and administer the affairs of the Federal Republic of Nigeria as his private empire or as a lone ranger, or in a dictatorial manner without ministers appointed by him in compliance with the Constitution of the Federal Republic of Nigeria, 1999.

5. A DECLARATION, that under and by virtue of Section 148 (1) and (2) of the Constitution of the Federal Republic of Nigeria, 1999, the 1st Respondent is under a duty to hold regular meetings with Ministers of the government of the Federation of Nigeria and not to be operating the affairs of Nigeria as his private family empire or as a lone ranger or as a dictator.

6. A DECLARATION that under and by virtue of Section 147 of The Constitution of The Federal Republic of Nigeria, 1999, the 1st respondent has a duty to appoint at least one Minister from each State of the Federation of Nigeria and who shall be an indigene of such State, if he is to continue to function in office as President of the Federal Republic of Nigeria.

7. A DECLARATION that the 1st Respondent being a commissioned officer of the Nigeria Army (now retired) trained strictly and only in warfare and garrison alone, is not a qualified, suitable, fit and proper person to run the affairs of The Federal Republic of Nigeria alone, without appointing qualified persons into the office of Attorney General of the Federation in compliance with Section 150 of the Constitution of the Federal Republic of Nigeria.

8. AN ORDER DIRECTING the 1stRespondent to forthwith appoint qualified persons to function in the offices of Ministers of The Federal Republic of Nigeria, in compliance with Section 147 and 14(3) of the Constitution of the Federal Republic of Nigeria, 1999.

9. AN ORDER DIRECTING the 1stRespondent to appoint forthwith appoint a qualified person into the office of the Attorney-General of the Federation.

10. AN ORDER directing the 1st Respondent to forthwith move to, occupy and possess the Aso Rock Villa, Federal Capital Territory, Abuja, as his designated office and residence, for all the period he is to function in office as President of the Federal Republic of Nigeria, 1999.

11. INJUNCTION, restraining the 1stRespondent, from functioning or from continuing to function or further functioning in office as or from performing or continuing to perform the duties of office of the President of the Federal Republic of Nigeria, without Ministers duly appointed or the Federal Executive Council duly constituted.

Attached is a copy of his application:
IN THE FEDERAL HIGH COURT OF NIGERIA

IN THE LAGOS JUDICIAL DIVISION

HOLDEN AT LAGOS

SUIT NO:……………………….

BETWEEN:

EBUN-OLU ADEGBORUWA, ESQ. ) APPLICANT

AND

1. MAJ GEN MUHAMMADU BUHARI (RTD), ) RESPONDENTS

President, Federal Republic of Nigeria )

2. THE HON ATTORNEY GENERAL OF THE FEDERATION )

ORIGINATING SUMMONS

BROUGHT UNDER:

SECTIONS 140, 147, 148 & 150 OF THE 1999 CONSTITUTION

INHERENT JURISDICTIO OF THIS HONOURABLE COURT

LET (1) MAJOR GENERAL MUHAMMADU BUHARI (RTD) (2) THE HON ATT. GENERAL OF THE FEDERATIONRESPONDENTS, within thirty days after service of this summons on them, inclusive of the day of such service, cause an appearance to be entered for them to this summons which is issued upon the application of Ebun-Olu Adegboruwa, Esq., of ‘Kogun Chambers, Jesus Arena, Itedo Road, off Admiralty Way, Lekki Peninsula Scheme 1, Lekki, Lagos who claims to be aggrieved and concerned over the way and manner that the Respondents especially the 1st Respondent runs and administers the affairs of this country as lone ranger and in a dictatorial manner contrary to the constitution of the Federal Republic of Nigeria and, for the determination of the following questions:

Issues for determination:

1. Whether under and by virtue of section 147(1) and (2) of the Constitution of the Federal Republic of Nigeria, 1999, the 1st Respondent is not obliged and under a duty to appoint qualified persons into offices to function as the Ministers of the Federal Republic of Nigeria, upon his swearing in and oath of office since May 29, 2015.

2. Whether the failure, omission or neglect by the 1st Respondent to appoint qualified persons into offices to function as the Ministers of The Federal Republic of Nigeria is not illegal and a contravention of the Constitution of the Federal Republic of Nigeria, 1999, such as to disqualify the 1st Respondent from continuing to function in office as the President of the Federal Republic of Nigeria.

3. Whether the 1st Respondent is entitled to run and administer the affairs of the Federal Republic of Nigeria as his personal family empire or as a lone ranger and in a dictatorial manner, without appointing qualified persons to run the affairs of the country with him in the Federal Executive Council in contravention of the Constitution of the Federal Republic of Nigeria, 1999.

4. Whether under and by virtue of Section 148(1) and (2) of the Constitution of the Federal Republic of Nigeria, 1999, the 1st Respondent is not under a duty to hold regular meetings with Ministers of The Federal Republic of Nigeria, duly appointed by him, to formulate policies for and plan the affairs of the Federal Republic of Nigeria and not to be running and operating same as a private family empire or as a lone ranger or as a dictator.

5. Whether the 1st Respondent, upon his swearing in and oath of office since May 29, 2015, is entitled to abandon, discard or jettison the office and residence of the President of the Federal Republic of Nigeria, otherwise known as Aso Rock Villa, Federal Capital Territory, Abuja and to be running the affairs of the Federal Republic of Nigeria from some illegal and unknown location or premises other than the said Aso Rock Villa.

6. Whether under and by virtue of Section 150 CFRN 1999, the 1st Respondent being a commissioned officer of the Nigeria Army (now retired) trained strictly in warfare and garrison affairs is so qualified, fit and proper to run the affairs of the Federal Republic of Nigeria alone and without a qualified person appointed into the office of Attorney General of The Federation.

Wherefore, the Applicant seeks the following reliefs against the defendants:

1. A DECLARATION, that the 1st Respondent having declared his assets and subscribed the oath of office of The President of The Federal Republic of Nigeria, is deemed to be performing the functions of the office of the president and as such has a duty to perform the functions of the office as provided for in the Constitution of the Federal Republic of Nigeria.

2. A DECLARATION, that under and by virtue of Section 147(1) and (2) of the 1999 Constitution, the 1st Respondent is obliged and has a duty to appoint qualified persons into offices to function as the Ministers of the Federal Republic of Nigeria.

3. A DECLARATION, that the failure, neglect or omission by the 1st Respondent to appoint qualified persons to function in the offices of Ministers of the Federal Republic of Nigeria to run and administer the affairs of this Federal Republic of Nigeria through the Federal Executive Council, is illegal, unconstitutional and null and void.

4. A DECLARATION that the 1st Respondent is not entitled to run and administer the affairs of the Federal Republic of Nigeria as his private empire or as a lone ranger, or in a dictatorial manner without ministers appointed by him in compliance with the Constitution of the Federal Republic of Nigeria, 1999.

5. A DECLARATION, that under and by virtue of Section 148 (1) and (2) of the Constitution of the Federal Republic of Nigeria, 1999, the 1st Respondent is under a duty to hold regular meetings with Ministers of the government of the Federation of Nigeria and not to be operating the affairs of Nigeria as his private family empire or as a lone ranger or as a dictator.

6. A DECLARATION that under and by virtue of Section 147 of The Constitution of The Federal Republic of Nigeria, 1999, the 1st respondent has a duty to appoint at least one Minister from each State of the Federation of Nigeria and who shall be an indigene of such State, if he is to continue to function in office as President of the Federal Republic of Nigeria.

7. A DECLARATION that the 1st Respondent being a commissioned officer of the Nigeria Army (now retired) trained strictly and only in warfare and garrison alone, is not a qualified, suitable, fit and proper person to run the affairs of The Federal Republic of Nigeria alone, without appointing qualified persons into the office of Attorney General of the Federation in compliance with Section 150 of the Constitution of the Federal Republic of Nigeria.

8. AN ORDER DIRECTING the 1stRespondent to forthwith appoint qualified persons to function in the offices of Ministers of The Federal Republic of Nigeria, in compliance with Section 147 and 14(3) of the Constitution of the Federal Republic of Nigeria, 1999.

9. AN ORDER DIRECTING the 1stRespondent to appoint forthwith appoint a qualified person into the office of the Attorney-General of the Federation.

10. AN ORDER directing the 1st Respondent to forthwith move to, occupy and possess the Aso Rock Villa, Federal Capital Territory, Abuja, as his designated office and residence, for all the period he is to function in office as President of the Federal Republic of Nigeria, 1999.

11. INJUNCTION, restraining the 1stRespondent, from functioning or from continuing to function or further functioning in office as or from performing or continuing to perform the duties of office of the President of the Federal Republic of Nigeria, without Ministers duly appointed or the Federal Executive Council duly constituted.

Dated this…………..day of……………………… 2015

GRACE OMOTOSHO (MRS.)

ADEGBORUWA & COMPANY

APPLICANT’S SOLICITORS,

‘KOGUN CHAMBERS, Jesus ARENA

ITEDO ROAD, OFF ADMIRALTY WAY

LEKKI PENINSULAR SCHEME 1, LEKKI, LAGOS

08033016673, 08033246500

ebun_olu@yahoo.com

This summons was taken out by…………….GRACE OMOTOSHO (MRS.) of ADEGBORUWA & COMPANY, KOGUN CHAMBERS, Jesus ARENA, ITEDO ROAD, OFF ADMIRALTY WAY, LEKKI SCHEME 1, LEKKI, LAGOS, Legal Practitioners for the above-named Applicant.

Share this:
Article Tags:
· · · · ·
Article Categories:
News

Leave a Comment

Your email address will not be published. Required fields are marked *

Menu Title