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By Raymond Ozoji, Awka
Federal High Court sitting in Awka Anambra state will on 15 June 2022 commence the hearing of suit challenging the eligibility of former military heads of state being members of council of state.
An Anambra state 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 takeover 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 life long 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 the Federation from inviting them to council meeting.
When the case was called for hearing, none of the defendants was present.
Reacting, Okwuosa lamented that despite properly serving the defendants, none deemed it fit to respond apart from Accountant General of the federation who was not represented in the court.
In absence of anybody representing Attorney General of the Federation, Barr. Arunchi Rachael Worlu who represented attorney general for different case was asked to take over.
She said she was not briefed but would 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.
