Emmanuel Thomas, Lagos
August 24, 2015 – Human Rights Lawyer, Mr. Ebun Olu-Adegboruwa has sued President Muhammadu Buhari for breaching the constitution of the Federal Republic of Nigeria in the appointment of Executive Directors for the Asset Management Corporation of Nigeria(AMCON) when he has not appointed Minister of Finance, almost three months since he was sworn-in as President.
Joined in the suit are Attorney General of the Federation, Asset Management Corporation of Nigeria (AMCON) Kola Ayeye, Eberechukwu Uneze and Aminu Ismail.
Buhari had appointed the three above as directors and Mr. Ahmed Lawan Kuru as Managing Director of AMCON few weeks back.
The lawyer is seeking a declaration that the 1st respondent (President Muhammadu Buhari) cannot appoint anyone, including the 4th-6th respondents, as Executive Directors of the 3rd respondent, without complying with Section 10(1)C of the Asset Management Corporation of Nigeria Act, 2010.
“A declaration that the 1strespondent cannot appoint the 4th- 6threspondents as Executive Directors of the 3rd respondent, without complying with section 10(1) C of the Asset Management Corporation of Nigeria Act 2010.
“A declaration that the appointments of the 4th-6threspondents as Executive Directors of the 3rd respondent, having been made without complying with section 10(1)c of the Asset Management Corporation of Nigeria Act 2010, are illegal, unconstitutional, null and void and of no effect whatsoever”, the lawyer noted.
He is in addition seeking an order nullifying, annulling, voiding, cancelling and invalidating the appointments of the 4th-6th respondents as Executive Directors of the 3rd respondent, having been made without complying with section 10(1)c of the Asset Management Corporation of Nigeria Act 2010.
He is also seeking a perpetual injunction restraining the 4th-6th respondents from functioning as or further functioning as, from acting as or from further acting as, from parading or holding out themselves or further parading or holding out themselves as Executive Directors of the 3rd respondent in gross violation of 10 (1)C of the Asset Management Corporation of Nigeria Act 2010.
“I verily believe that as the position of the Minister of Finance in Nigeria has been vacant, the said appointment of the 4th-6th respondents could not have been made in accordance with the provisions of the Asset Management Corporation of Nigeria Act 2010, as there is no substantive minister of finance for the 1st respondent to consult with.
“That Section 10(1)c of the Asset Management Corporation of Nigeria Act 2010 provides for the appointment of executive Directors of the 3rd respondents by the 1st respondent in consultation with the Minister of Finance. Since the 1st respondent was sworn in on May 29, 2015, till the date of the appointment of the 4th-6th respondents and even up till the date of filing this suit, no person has been appointed into the office of Minister of Finance for the Federal Republic of Nigeria”, the lawyer said.
