A Federal High Court sitting in Awka, Anambra state will on 15th, 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 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 apologize 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 the absence of anybody representing the Attorney-General of Federation, Barrister Arunchi Rachael Worlu who represented the Attorney-general though for different case, was asked 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.
