Apprehension as Court Fixes Date for Hearing on IBB, Other Heads of State Eligilibilty on Council of State

Apprehension as Court Fixes Date for Hearing on IBB, Other Heads of State Eligilibilty on Council of State

  • A Federal High Court sitting in Awka has fixed a date for a hearing on the eligibility of former military heads of state as members of the Council of State
  • The hearing by the court follows a suit filed by a constitutional lawyer challenging Ibrahim Babangida, Abdulsalami Abubakar, and Yakubu Gowon's eligibility as members of the council
  • At the mention of the case, the defendants in the matter were absent leading to an adjournment of the matter to Wednesday, June 15

The fate of eligibility of past military heads of state of Nigeria in the council of state will be determined by the Federal High Court sitting in Awka Anambra state on Wednesday, June 15, Daily Trust reports.

A hearing on a suit challenging the eligibility of all former military heads of state as members of the council will commence on the said date.

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Members of the council of state, Gowon, IBB, Buhari, Obasanjo, Abdulsalami
Members of the Council of State comprise past military heads of state and former presidents of Nigeria. Photo: Aso Rock Villa
Source: UGC

This follows the filing of a suit by an Anambra-based constitutional lawyer, Nwafili Okwuosa, who prayed the court to stop Nigeria's past military heads of state from participating, parading and collecting benefits and emoluments as members of the council of state.

In his suit, Okwusa said that the 1999 constitution as amended does not recognise the take over of government in Nigeria by any means not provided for in the said law.

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He argued that the provision of section 1 (2) of the extant 1999 constitution as amended is inconsistent for any person to ascend to power through means not provided.

The lawyer also added that by the constitution, General Yakubu Gowon, Ibrahim Babangida, and Abdulasalmi Abubakar among others are not entitled to life long pension, emoluments, allowances, peck or whatever called under prevailing order.

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Okwusa further sought a court order mandating all the past military heads of state to refund all money they had collected as members of the council of state.

When the case was called for hearing, none of the defendants was present.

Reacting to the development, Okwuosa said that despite being properly served, none of the defendants deemed it fit to respond apart from the accountant general of the federation who was represented in the court.

Also joined in the suit are the Attorney General of the Federation and the Accountant General of the Federation.

Complete list of 162 convicts recommended for pardon by President Buhari

It had been revealed that out of the 162 names of convicts recommended by President Buhari for clemency, only 159 were granted freedom.

Former director of the defunct Bank PHB, Francis Atuche was the big name who did not make the list for clemency.

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However, some convicts were released on the premise of their usefulness to society while others were released based on compassion.

President Buhari has constitutional right to extend tenure - Robert Clarke

In another development, elder statesman, Chief Robert Clarke had called for the extension of President Buhari's tenure.

Clarke says the growing insecurity challenges in the country do not provide a safe haven for the electorate.

He however stated that the time frame leading to the 2023 polls was not enough to curb insecurity in the country.

Source: Legit.ng

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