A Federal High Court in Abuja has been asked to restrain President Bola Tinubu, Senate President Godswill Akpabio and others from using the police, Department of State Service (DSS) to stop officials of the Code of Conduct Tribunal, CCT, including its chairman, Justice Danladi Yakubu Umar, from discharging their official duties.
The court was asked to stop the police, DSS and others from taking instructions from Tinubu as Commander-In-Chief, regarding the invitation of Justice Danladi Umar to their operations, pending the hearing and determination of a motion on notice.
The ex-parte application is a follow up to a suit marked FHC/ABJ/CS/1796/2024 brought before the court by two groups and an Abuja based lawyer, challenging the legality or otherwise of the move to remove Justice Umar as CCT chairman without following due process of law.
The applicants are Community Rescue Initiative, Toro Concerned Citizens & Relief Foundation and Barrister Nasiru Bala.
The defendants are the President, Federal Republic of Nigeria, Attorney-General of the Federation, President of the Senate, the Senate, House of Reps Speaker, House of Representatives, NASS Clerk, National Judicial Council, NJC, Federal Judicial Service Commission, (FJSC), Dr. Mainasara Umar Kogo and Abdullahi Usman Bello as 1st to 11th defendants, respectively.
In the ex-parte application filed on their behalf, they asked the Federal High Court for an order of interim injunction restraining the National Judicial Council, NJC, and the Federal Judicial Service Commission, FJSC, from taking any step to swear-in Dr Mainasara Umar Kogo as Chairman of the Code of Conduct Tribunal pending the hearing and determination of the motion on notice.
The applicants also sought an order restraining Mainasara Umar Kogo from parading himself or doing anything as the chairman of the CCT or otherwise frustrating, obstructing or hindering the smooth administration as well as discharging the functions of the CCT along with its officials including Justice Umar pending the hearing and determination of the motion on notice.
Besides, they want the court to restrain the defendants from recognizing or in any manner whatsoever dealing with Kogo as the chairman of the Code of Conduct Tribunal pending the hearing and determination of the motion on notice.
The ex-parte application was predicated on 14 grounds among which are that the substantive suit revolves around the purported removal of the chairman of the CCT being substantively occupied by Justice Danladi Yakubu Umar.
“Being a person substantively occupying the office of the Chairman of the Code of Conduct Tribunal, the stake, interest and concern of the said Justice Danladi Yakubu Umar is directly in issue in the substantive suit pending before this Honourable Court along all the interlocutory processes filed by the Plaintiffs/Applicants.
“The Plaintiffs have filed an Originating Summons before this Hon. Court on the 28 November, 2024 seeking in the main a resolution of the validity or legality of the proceedings of the 4th and 6th Defendants conducted on the 20th, 26th November, 2024 and such other dates relating to the matter purportedly removing Justice Danladi Yakubu Umar as the Chairman of the Code of Conduct Tribunal.
“The 1st Defendant has earlier on announced, through separate press releases, the appointment of the 10th and 11th Defendants as Chairman of the Code of Conduct Tribunal which office is being substantively occupied by Justice Danladi Yakubu Umar.
“The Plaintiffs have earlier on filed an ex-parte application along with the Motion on Notice counterpart on the 28 November, 2024 wherein they pray for, among other reliefs, an order of this Honourable Court maintaining status-quo between the parties as at 20% November, 2024.
“The Plaintiffs prayer for an order of the Honourable Court maintaining status-quo between the parties in this suit as at 20th November, 2024 as contained on the face of its ex-parte application filed on 28th November, 2024 has been withdrawn and struck-out at its proceedings of 12 December, 2024 leaving the one on the Motion on Notice component pending and served on all the Defendants/Respondents.
“It is also while this matter is pending that the 1st Defendant through the office of the Secretary to the Government of the Federation, issued another letter with Ref. No.: SGF. 19/S.24/C.1/T/177 dated 6th January, 2025 purportedly disengaging Hon. Yakubu Danladi Umar as Chairman, Code of Conduct Tribunal with effect from 26* November, 2024 following the resolution of the 4th and 6th Defendants.
“The 10th Defendant is now parading himself as and laying claim to the office of the Chairman of the Code of Conduct Tribunal relying on the letter issued to him during the pendency of this action and notwithstanding the fact that he has not been sworn-in by the concerned authorities, has been going to the office of the Code of Conduct situate at Jabi, FCT — Abuja and conducting himself in such a manner that has been frustrating, obstructing and hindering the smooth functions of the Tribunal and its officials including the said Hon. Justice Danladi Yakubu Umar.
“The circumstances of this application as it relates to the substantive suit and the attendant extreme urgency it carries is such that it calls for the invocation of the jurisdiction of this Honourable Court along with the powers, authority and force therein contained to hear and grant this application in the overall interest of justice.
“There is serious need to grant the application pending the hearing and determination of the motion on notice in the interest of justice,” parts of the originating summons.
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