By Uche Amunike
President Bola Tinubu has urged the Federal High Court in Abuja to dismiss the impeachment suit filed by a lawyer, Olukoya Ogungbeje, seeking to impeach him from office over alleged incompetence in handling the August 1-10 nationwide hunger protest in 2024.
The president, argued in a joint preliminary objection filed with the Attorney General of the Federation, Lateef Fagbemi (SAN), that the plaintiff, Ogungbeje did not succeed in presenting a valid course of action. They both further contended that he lacked the legal standing to bring the suit.
In the suit, which was marked FHC/ABJ/CS/1334/2024, and filed on September 4, 2024, Ogungbeje sought six reliefs which include ‘an order compelling the National Assembly to initiate impeachment proceedings against President Tinubu over alleged violations of fundamental rights related to the #Hunger protests in August 2024.’
He claimed that President Tinubu’s actions while the protest lasted from August 1 to August 10, 2024 amounted to gross misconduct that calls for his impeachment.
He also argued that Section 143 of the Nigerian Constitution gives the National Assembly the power to commence with such proceedings.
Countering the suit, however, the President’s legal team insisted that Ogungbeje’s suit lacked jurisdiction and merit and thereby, urged the court to strike it out. Their argument was that Ogungbeje did not show how his fundamental rights were violated by the president’s action, neither did he provide evidence of any illegalities on how the protest was managed.
Recall that this case was brought about as an aftermath of the protests that were held across Nigeria during the worsening hunger crisis where demonstrators accused the government of neglecting the growing food and security problem in the country.
However, President Tinubu’s administration reiterated that the protests were managed peacefully and within legal bounds with the necessary security measures, put in place to protect the demonstrators.
The counter-affidavit of the AGF argued that President Tinubu had consistently upheld democratic principles which include allowing peaceful protests and further taking the right steps to ensure the protection of the rights of the citizens.
According to the affidavit, the president’s oath of office was not breached therefore, making the claim of impeachment not have a foundation.
Also, in a counter affidavit that was deposed to one Gbenga Oladimeji, a principal state counsel in the Federal Ministry of Justice, he stated that contrary to the plaintiff’s claim, the President Tinubu’s government has been a promoter of democratic tenets. He noted that Tinubu always allowed people to express their grievances and conduct peaceful protests.
Hear him: ‘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 further added that security agents under the control of the president were present to protect the protesters and see that their civil action was not hijacked by hoodlums during the protest.
Ogungbeje’s lawyer, Stanley Okonmah requested for an adjournment of the case during the Monday hearing, stating that it would give them the opportunity to properly address the objections of the defendants.
Justice James Omotosho granted the request and scheduled the next hearing for March 4, 2025.
