A suit seeking to compel President Muhammadu Buhari to immediately sack the Chief of Army Staff, General Faruk Yahaya, has received the backings of the Abuja division of the Federal High Court.
The suit is a follow-up to the judgment that convicted and sentenced him to prison for contempt.
A High Court in Niger State had in a ruling it delivered on November 30, ordered that the Army Chief should be remanded at the prison in Minna.
Justice Halima Ibrahim Abdulmalik, who gave the ruling, ordered that General Yahaya should be remanded alongside the Commandant Training and Doctrine Command Minna, Major General Stevenson Olugbenga Olabanji, for willfully disobeying an order it made on October 12, 2022.
In the fresh action, a constitutional lawyer, Mr. Jideobi Johnmary, has approached the high court, asking it to determine; “Whether having regard to the provision of Section 287(3) of the amended 1999 Constitution of the Federal Republic of Nigeria, the President of the Federal Republic of Nigeria, is possessed of the constitutional powers to appoint as the Chief of Army Staff, a man who has been convicted and serving jail term as a result of the sentence imposed on him by a Court of competent jurisdiction following his conviction for the crime of contempt of court?
As well as, “Whether having regard to the provision of Section 287(3) of the amended 1999 Constitution of the Federal Republic of Nigeria, the 1st Defendant, who has been convicted and sentenced to prison, on the 30th day of November, 2022, by the High Court of Niger State of Nigeria, can continue to validly discharge the functions and exercise the powers of the Chief of Army Staff of the Nigerian Army established by the Constitution?”.
Aside from General Yahaha, also cited as 2nd and 3rd defendants in the suit marked: FHC/ABJ/CS/2236/2022, are President Buhari and the Attorney-General of the Federation and Minister of Justice, Mr. Abubakar Malami, SAN.
Upon determination of the legal questions, the plaintiff, is among other things, seeking; “An orde of this Honourable Court declaring vacant the seat of the Chief of Army Staff of Nigerian Army.
“An order directing the most immediate Senior Military Officer in the Nigerian Army, after the Chief of Army Staff, to take over the management of the affairs of the Nigerian Army pending when the President and Commander –in-Chief of the Federal Republic of Nigeria appoints a new Chief of Army Staff.
“An order of this Honourable Court declaring void, a nullity and setting aside all actions, decisions and steps taken by General Faruk Yayaha as the Chief of Army Staff from the 30th day of November, 2022 until the judgment of the High Court of Niger State of Nigeria, convicting the 1st Defendant and sentencing him to prison on the 30th day of November, 2022 is set aside or upturned by a Court of competent jurisdiction.
“An order of this Honourable Court restraining General Faruk Yahaya, the 1st Defendant, forthwith, from exercising the powers and functions of the Chief of Army Staff and from drawing any benefit, salaries and perks of office as the Chief of Army Staff until the judgment of the High Court of Niger State of Nigeria, convicting and sentencing him to prison on the 30th day of November, 2022 is set aside or upturned.
“An order of this Honourable Court restraining the President and Commander-in-Chief of the Armed Forces of the Federal Republic of Nigeria from further appointing the 1st Defendant into the office of the Chief of Army Staff or any other position in the Armed Forces of the Federal Republic of Nigeria”.
Likewise, “A mandatory order of this Honourable Court, pursuant to Section 287(3) of the amended 1999 Constitution of the Federal Republic of Nigeria, compelling the Honourable Attorney-General of the Federation (the 3rd Defendant herein) to ensure immediate compliance with the judgment of the Honourable Court in this suit”.
In a 17-paragraph affidavit that was deposed to by a Litigation Secretary, Christopher Simon, the plaintiff, argued that the conviction of the 1st defendant remained extant and subsisting since it has neither been suspended, stayed, vacated nor upturned on appeal.
He maintained that the 1999 Constitution, as amended, prohibits convicts from holding public positions.
The plaintiff insisted that President Buhari has no constitutional vires to appoint a convict serving jail term in Correctional Center to serve as the Chief of Army Staff of the Nigerian Army.
“This suit is brought in the interest of the public, to protect the dignity of the Nigerian Constitution and the Nigerian Army as a foremost institution of discipline which must not be led at any time by a convict more so a contemnor who treats the sacred orders and decisions of a duly constituted Court with perfidious disregard”, the plaintiff added.
Disobedience of court: IGP faces contempt trial Tuesday
The National Industrial Court (NIC), will commence contempt proceedings against the Inspector Generalof Police, IGP, Usman Baba, over his refusal to reinstate a dismissed police officer, Osondu Christian, a Deputy Commissioner of Police (DCP), as ordered by the court.
Counsel to the dismissed police officer, Chikaosolu Ojukwu, equally disclosed his intention to drag the Commissioner of Police in charge of the Legal Department before the Legal Practitioners Disciplinary Committee [LPDC] for not giving the IGP right legal opinion.
According to Ojukwu “the judgment was sequel to non-compliance to the decision of the Police Service Commission (PSC) in letter dated 22/07/2020 with Ref No. PSC/1524/IV/5 which directed IGP to reinstate the dismissed officer.
“We have decided to file form 48 which is consequences to the disobedience to court and will follow it up with form for the committal to prison of the IGP if he remains adamant, we have also written the Commissioner of Police Legal 72 hours within which to furnish us with his legal opinion to the IGP on this matter and after the 72 hours and he hails to respond to our request we would have no other option than to drag him the Legal Practitioners Disciplinary Committee [LPDC].
Specifically the National Industrial Court, Abuja Division, had ordered the Inspector-General of Police, Usman Baba, to reinstate Osondu Christian, a Deputy Superintendent of Police, who was dismissed from the Nigeria Police Force to his rank and pay him all his entitlements with effect from March 2019.
Chikaosolu, stated the judgment was sequel to non-compliance to the decision of the Police Service Commission (PSC) in a letter dated 22/07/2020 with Ref No. PSC/1524/IV/5 which directed IGP to reinstate the dismissed officer.
In the judgment delivered by Honourable Justice O. O Oyewumi in suit No: FHC/NICN/ABJ/153/2022; between Osondu Christian Vs The Inspector General of Police & 2 Ors, the court held that;
“That the decision of the Police Service Commission (PSC) as contained in its letter dated 22/07/2020 with Ref No.: PSC/1524/IV/5 reinstating the 1st respondent to his rank and entitlements in the Nigeria Police Force with effect from 26/03/2019 is valid, subsisting and binding on the Inspector General of Police.
“That the Court has the power to make an order mandating the President of the Federal Republic of Nigeria to direct the Inspector General of Police to comply with the decision of the PSC, pursuant to the provisions of Section 215(1)(a) of the 1999 Constitution (as amended).
“His Lordship thereafter directed the Inspector General of Police to reinstate the respondent forthwith and to pay damages in the sum of N 10,000,000.00 for his display of executive recklessness and willful disobedience to a statutory duty.”
However, Osondu through his lawyer had also written to President Muhammadu Buhari to direct the Inspector-General of Police to comply with the judgment as ordered by the court.
The letter to the president with Ref. No. OC/VOL/300/2022, dated November 10, 2022 is titled: “RE: The Implementation Of The Re-instatement Of Dsp Osunde Christian, AP/NO.86053 To The Nigeria Police Force”.
The letter reads: “We continue to represent Osondu Christian (hereinafter “our client” or “the Judgment Creditor”) and we have his instructions to
“Your Excellency is invited to recall our letter dated 25/03/2022 with Ref. No. OC/VOL/090/2022 (enclosed), wherein we communicated the refusal of the Inspector General of Police to comply with a decision of the Police Service Commission (PSC) as contained in a letter dated 22/07/2020 with Ref No. PSC/1524/IV/5 reinstating our client to his rightful rank and entitlements within the Nigeria Police Force.
“In the said correspondence, we prayed Your Excellency to direct the Inspector General of Police to implement the decision of the PSC forthwith.
“As a result of the refusal of the Inspector General of Police to comply with the aforesaid decision of the PSC, despite various appeals, we subsequently commenced an action at the National Industrial Court in Suit No: FHC/NICN/ABJ/153/2022; Osondu Christian Vs The Inspector General Of Police & 2 Ors and on 24/10/2022 the Court sitting in the Abuja Judicial Division delivered its judgment and upheld the decisions of the PSC.
“In the light of all the above, Your Excellency is respectfully requested to direct the Inspector General of Police to immediately obey the judgment of the Court by reinstating our client to his rightful rank and entitlements in the Nigerian Police.
“This request is in keeping with Your Excellency’s well-known adherence to the rule of law and respect for the judiciary.”
The letter was copied to Attorney General of the Federation and Minister of Justice, Abubakar Malami (SAN). (The Sun)
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