A lawsuit requesting that President Muhammadu Buhari immediately fire the Chief of Army Staff, General Faruk Yahaya, in light of a recent decision that found him guilty of contempt and sentenced him to prison, has been approved by the Federal High Court’s Abuja Division.
The Army Chief was to be remanded to the Minna Correctional Facility, according to a decision made on November 30 by a high court in the Niger state.
General Yahaya and Major General Stevenson Olugbenga Olabanji were ordered to be placed on remand by Justice Halima Ibrahim Abdulmalik for intentionally disregarding an order from the court’s October 12, 2022 decision.
A constitutional attorney, Mr. Jideobi Johnmary, has taken the Army Chief to court for disobeying the legal court order.
Along with General Yahaha, President Buhari and Attorney-General of the Federation and Minister of Justice, Mr. Abubakar Malami, SAN, are named as defendants in the lawsuit with the case number FHC/ABJ/CS/2236/2022.
The plaintiff requests “An order declaring vacant the position of Chief of Army Staff of the Nigerian Army” in the lawsuit.
“An order directing the most senior military officer in the Nigerian Army to assume control of the organization’s affairs until a new Chief of Army Staff is appointed by the President and Commander-in-Chief of the Federal Republic of Nigeria.”
“An order of this Honourable Court declaring void, a nullity, and putting on hold all actions, decisions, and steps taken by General Faruk Yayaha as the Chief of Army Staff from the 30th day of November, 2022 until the judgement of the High Court of Niger State of Nigeria, convicting the First Defendant and sentencing him to prison on the 30th day of November, 2022 is set aside or reversed by a Court of competent jurisdiction. You can read more of such stories at Credible News.
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“An order of this Honourable Court prohibiting General Faruk Yahaya, the 1st Defendant, from immediately executing the duties and responsibilities of the Chief of Army Staff and from receiving any benefits, salary, or privileges of office as the Chief of Army Staff until the verdict of the High Court.”
In addition, the plaintiff requests “A mandatory order pursuant to Section 287(3) of the amended 1999 Constitution of the Federal Republic of Nigeria, compelling the Honourable Attorney-General of the Federation (the third defendant herein) to ensure immediate compliance with the Honourable Court’s judgement in this suit.”
Christopher Simon, the plaintiff, asserted in a 17-paragraph affidavit that the conviction of the first defendant was still valid and in effect because it had not been suspended, delayed, vacated, or reversed on appeal.
He insisted that convicted individuals are not permitted to enter public office under the 1999 Constitution as modified.
There is no set time for bringing up the lawsuit.
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