Maduako Igbokwe l Wednesday, March 30, 2022
ONITSHA, Anambra, Nigeria- An Onitsha based legal practitioner Mr. Nwafili Okwuosa has asked the Federal High Court, sitting in Awka, Anambra State for an order to stop the former Military Heads of State from being members of Council of State.
Joined in the suit are Attorney – General and Accountant General of the federation . Nwafili Okwuosa in a suit number FHC/AWKCS/27/ 2021 prayed the court to stop Gen. Yakubu Gowon retd , Gen. Olusegun Obasanjo retd; Gen. Abdusalam Abubakar retd and Chief Ernest Shonekan from participating and collecting emoluments as members of the Council of State .
He prayed that the court should declare their membership and benefits accruing to them as members of the council of state as illegal and unconstitutional .
Okwuosa also prayed that the court to stop the former military leaders and their families from benefiting anything from nation’s resources as former leaders ,since they were not elected by the people of Nigeria through constitutional means .
After hearing the prayers , the presiding judge Justice Nnamdi Dimgba adjourned the case to 20th May 2022.
Speaking to our reporter , shortly after the court session , Okwuosa said he is challenging the former military leaders of being members of the council of state because they came to power through undemocratic and unconstitutional process.
According to him, ascending to power through military coup was not part of constitutional provision that make one a member of the Council of State .
“My position is very clear , they were in the military ,took over power and ruled the country until they were tired and for whatever reason step aside. These people are not supposed to be treated as heroes under the constitution they distorted .
“The extant constitution we are running does not make provision recommending that they be members of Council of State. The constitution does not say they should be treated as former leaders ” he said.
According to him, allowing them into the Council of state is just to legitimise coup making so as long as the plotters succeed .
“If that is what we are saying we should apologize to those coup plotters that were executed when they failed. It means they were killed unjustly simply because they failed in their coup plot. We are recognising and legitimising coup plotting by allowing them to be members of the Council of State.
“The message we are passing to the young military officers is that , if you want to plot a coup , make it a success even if it is bloody , we will treat you as a hero if you succeed ” he said.
According to him, if we want them to be there , the constitution must be amended to accommodate the former military heads, noting that for now the constitution does not recognise them as such .
