Court fixes date to hear suit challenging membership of Gowon, Abdulsalami others in Council of State

Maduako Igbokwe l Wednesday, May 11, 2022

 

ONITSHA, Anambra – Federal High Court sitting in Awka Anambra state will on 15th, June 2022 commence  the hearing of a suit challenging membership of former military heads of state  in Council of State.

 An  Anambra based constitutional lawyer, Dr. Nwafili Okwuosa  in a suit number FHC/AWKCS/27/ 2021 prayed the high  court to stop Gen. Yakubu Gowon (retd.), Gen. Olusegun Obasanjo (retd.) Gen. Abdusalam Abubakar (retd) and Chief Ernest Shonekan from participating, parading  and collecting emoluments as members of the council of state.

Joined in the suit are Attorney-General of Federation and Accountant General of the Federation. According to him, 1999 Constitution of Nigeria does not recognise take over of government in Nigeria by any means not provided for in the said constitution.

He argued that by the virtue of pristine provision of section 1 (2) of extant 1999 constitution as amended, it is inconsistent for any person to ascend to power through means not provided.

He also said that by the constitution , they are not entitled to lifelong pension ,emoluments, allowance, peck or whatever called under prevailing order. He also prayed that the court should order them to refund all money they have collected as members of council of state.

He also prayed  that the court should order them to apologise to Nigerians for foisting themselves on the country. He further prayed that the  court should stop the Attorney General of Federation from inviting them  to council meeting. When the case was called for  hearing  none of defendants was present.

Reacting Okwuosa lamented that despite properly serving the defendants , none deemed  it fit to respond apart from account general of the federation who was not represented in the court.

In absence of  anybody representing Attorney General of Federation, Barr. Arunchi Rachael Worlu who represented  attorney general in a  different case  was ask to take over.

She said she was not briefed but will report back to the office for  appropriate action.

After hearing the prayers, the presiding judge, Justice Nnamdi Dimgba  adjourned the case to 15th June  2022 for hearing. He  ordered the plaintiff to serve the defendants with pre- notice information.