President Bola Tinubu has urged the Federal High Court in Abuja to dismiss a suit seeking to compel the National Assembly to initiate impeachment proceedings against him over alleged human rights violations.
The suit, marked FHC/ABJ/CS/1334/2024, was filed by legal practitioner Olukoya Ogungbeje and lists the Attorney-General of the Federation (AGF) and Minister of Justice, Lateef Fagbemi, SAN, as the second defendant.
Ogungbeje is asking the court to declare that President Tinubu’s administration committed impeachable offences by allegedly suppressing peaceful protests across Nigeria.
The lawyer cited incidents between August 1 and August 10, 2024, when he claimed security agencies violently clamped down on protesters.
Relying on Section 143 of the 1999 Constitution (as amended), the plaintiff argued that the National Assembly is empowered to initiate impeachment proceedings against the president based on alleged misconduct.
In response, President Tinubu and the AGF filed a joint preliminary objection, contesting Ogungbeje’s legal standing (locus standi) to file the suit.
They argued that the case lacked merit, urging the court to dismiss it for being incompetent and failing to disclose any reasonable cause of action.
Through a team of lawyers led by Sanusi Musa, SAN, the defendants also challenged the court’s jurisdiction, claiming that the suit was not initiated through due process.
Ogungbeje did not suffer any personal violation of rights and cannot sue on behalf of unnamed citizens.
Section 46 of the 1999 Constitution allows only persons whose rights were violated to seek redress in court.
The Fundamental Rights (Enforcement Procedure) Rules, 2009, provide a clear process for filing rights violation claims, which the plaintiff allegedly failed to follow.
In a counter affidavit deposed by Gbemga Oladimeji, a principal state counsel at the Federal Ministry of Justice, the government defended Tinubu’s administration, insisting that it respects democracy and free speech.
The affidavit stated that the August 2024 protests were peaceful and held within a designated location as ordered by a court.
It also claimed that security personnel were deployed not to suppress the protests but to protect demonstrators from hoodlums.
“I know as a fact that the 1st defendant (President Tinubu) has always ensured that law and order are adhered to strictly by the security agencies,” Oladimeji stated.
He further dismissed claims that Tinubu violated his oath of office, arguing that no breach had occurred to justify impeachment proceedings.
After hearing preliminary arguments, Justice James Omotosho adjourned the case to March 4, 2025, to allow the plaintiff’s counsel, Stanley Okonmah, time to respond to the objection raised by Tinubu and the AGF.
The legal battle is expected to test the limits of executive power and the enforcement of fundamental rights in Nigeria.