Atiku’s ex aide finally drags Buhari, FG to court over June 12 honours
- Dr Umar Ardo has finally taken legal action against the federal government, regarding the June 12 national honours for Abiola, Kingibe and Fawehinmi
- He contended that President Buhari lacks the power to confer the national honours without the advice of the Council of State
- Ardo also wrote a letter to the SGF, warning that the conferment ceremony be stayed in light of the legal action
Dr Umar Ardo, a former special assistant to former vice president Atiku Abubakar has asked the Abuja Federal High Court to stop the conferment of posthumous national honours on the late MKO Abiola and Gani Fawehinmi.
He also asked the court to stop the conferment of such national honour on Abiola’s running mate in the annulled 1993 presidential election, Ambassador Babagana Kingibe, Punch reports.
Legit.ng gathers that the suit, marked FHC/ABJ/CS/609/2018, was filed on Monday, June 11. Ardo contended that President Muhammadu Buhari lacked the power to confer the national honours as planned, “without the advice of the Council of State”. Thus, he prayed the court to set aside the president’s decision to confer national awards on the planned honourees.
Joined as defendants in the suit alongside President Buhari, are the secretary to the government of the federation, Boss Mustapha, and the attorney general of the federation, Abubakar Malami (SAN).
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According to Ardo, the conferment of the national honours planned to hold on Tuesday, June 12, would violate section 5(1)(b) and section 6(a)(iii) of Part 1 to the Third Schedule of the Nigerian Constitution.
He asked the court to determine “whether having regard to 5(1)(b) of the Constitution of the Federal Republic of Nigeria 1999 (as amended) and section 6(a)(iii) of Part 1 to the Third Schedule thereto, the 1st defendant (Buhari) is not under a legal obligation to consult or at least obtain the advice of the Council of State before the conferment of a national award on any person?”
Thus, he urged the court to make, “a declaration that the 1st defendant (Buhari) lacks the constitutional powers to award national honours to the late Chief M.K.O. Abiola, Ambassador Babagana Kingibe, the late Chief Gani Fawehinmi or anybody else for that matter without the advice of the Council of State as provided for in section 6(a)(iii) of Part 1 to the Third Schedule of the Constitution of the Federal Republic of Nigeria 1999 (as amended).
“A declaration that the decision of the 1st defendant to award national honours to the late Chief M.K.O. Abiola, Ambassador Babagana Kingibe, late Chief Gani Fawehinmi or anybody else for that matter without seeking and obtaining the advice of the Council of State is contrary to sections 5(1)(b) of the Constitution of the Federal Republic of Nigeria 1999 (as amended) and section 6(a)(iii) of Part 1 to the Third Schedule thereto and is thus null and void.
“An order of this honourable court setting aside the decision of the 1st defendant to confer national awards on the late Chief M.K.O. Abiola, Ambassador Babagana Kingibe and the late Chief Gani Fawehinmi.”
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Shortly after filing the suit, Ardo further wrote a letter to the SGF, through his lawyer, Doueyi Fiderikumo, warning that the conferment ceremony be stayed in light of the legal action.
The letter stated: “In this development, you are advised to stay action on the conferment of the said award on the late Chief M.K.O Abiola, Ambassador Babagana Kingibe, and the late Chief Gani Fawehinmi, so as not to interfere with the subject of the said case. An advance copy of the said suit is hereby attached for the avoidance of doubt.”
Recall that Legit.ng previously reported that following the recent declaration of June 12 as Democracy Day by President Muhammadu Buhari, Dr Umar Ardo threatened to take legal action against the president, if he does not abide by the constitutional provisions in the award of national honours.
Ardo insisted that the president’s action was unconstitutional; and called on him to convene the Council of State to give advice on the matter.
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Source: Legit.ng
