The suit lists the Attorney-General of the Federation and Minister of Justice, Prince Lateef Fagbemi, SAN, as the second defendant. Ogungbeje is seeking six principal reliefs from the court, including a declaration that the alleged suppression of citizens’ right to protest amounts to a violation of democratic principles. He is also asking the court to compel the National Assembly to begin impeachment proceedings against President Tinubu, arguing that his administration’s actions undermine constitutional rights.
In response, the defendants, led by a team of lawyers headed by Mr. Sanusi Musa, SAN, have asked the court to dismiss the suit for lacking merit. They contend that the legal action is incompetent and does not disclose any reasonable cause for the court to intervene. Furthermore, they argue that the plaintiff has failed to establish a direct legal grievance that warrants judicial discretion in his favor. According to them, the claims presented do not meet the required threshold for the court to grant the requested reliefs.
Beyond questioning the validity of the suit, President Tinubu and the Attorney-General have also challenged the court’s jurisdiction to hear the matter. They argue that issues related to impeachment fall within the exclusive purview of the National Assembly, and as such, the judiciary has no authority to interfere. This legal stance aligns with previous court rulings that have upheld the principle of separation of powers between the executive, legislative, and judicial arms of government.
The case is expected to generate significant legal and political interest, as it touches on fundamental issues of constitutional governance and civil liberties. While the court has yet to set a date for its ruling on the preliminary objections, legal experts say the outcome could have implications for how similar cases are handled in the future. Meanwhile, President Tinubu’s administration continues to face criticism from various quarters regarding its handling of protests and civil rights in the country.
Aside from praying the court to dismiss the suit for being incompetent, the defendants insisted that the action failed to disclose any reasonable cause of action to warrant an exercise of judicial discretion in his favour.
In the process, they filed through a team of lawyers led by Mr. Sanusi Musa, SAN; President Tinubu; and AGF further challenged the jurisdiction of the court to hear the matter.CONTINUE FULL READING>>>>>
