Back to the last page

Court Validates Suit Seeking Removal Of Chief Of Army Staff

Independent 1 hour ago
Faruk Yahaya

***He’s An Ex-Convict, Says Lawyer

ABUJA – Abuja Division of the Federal High Court has validated a suit seeking to compel President Muhammadu Buhari to immediately sack the Chief of Army Staff, General Faruk Yahaya, in view of the recent judgement that convicted and sentenced him to prison for contempt.

A High Court in Niger state had in a ruling on November 30, ordered that the Army Chief be remanded at the Minna Correctional.

Justice Halima Ibrahim Abdulmalik, who gave the ruling, ordered that General Yahaya be remanded alongside the Commandant Training and Doctrine Command Minna, Major General Stevenson Olugbenga Olabanji, for willfully disobeying an order it made on October 12, 2022.

Due to the flouting of the valid court order, a constitutional lawyer, Mr. Jideobi Johnmary, has dragged the Army Chief to court.

Aside General Yahaha, cited as 2nd and 3rd defendants in the suit marked: FHC/ABJ/CS/2236/2022, are President Buhari and the Attorney-General of the Federation and Minister of Justice, Mr. Abubakar Malami, SAN.

By the suit, the Plaintiff wants “An order declaring vacant the seat of the Chief of Army Staff of Nigerian Army.

“An order directing the most immediate senior military officer in the Nigerian Army, after the Chief of Army Staff, to take over the management of the affairs of the Nigerian Army pending when the President and Commander –in-Chief of the Federal Republic of Nigeria appoints a new Chief of Army Staff.

“An order of this Honourable Court declaring void, a nullity and setting aside 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 judgment of the High Court of Niger State of Nigeria, convicting the 1st Defendant and sentencing him to prison on the 30th day of November, 2022 is set aside or upturned by a Court of competent jurisdiction.

“An order of this Honourable Court restraining General Faruk Yahaya, the 1st Defendant, forthwith, from exercising the powers and functions of the Chief of Army Staff and from drawing any benefit, salaries and perks of office as the Chief of Army Staff until the judgment of the High Court of Niger State of Nigeria, convicting and sentencing him to prison on the 30th day of November, 2022 is set aside or upturned.

“An order of this Honourable Court restraining the President and Commander-in-Chief of the Armed Forces of the Federal Republic of Nigeria from further appointing the 1st Defendant into the office of the Chief of Army Staff or any other position in the Armed Forces of the Federal Republic of Nigeria”.

The Plaintiff is also praying for “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 3rd Defendant herein) to ensure immediate compliance with the judgment of the Honourable Court in this suit”.

In a 17-paragraph affidavit that was deposed to by a Litigation Secretary, Christopher Simon, the plaintiff, argued that the conviction of the 1st defendant remained extant and subsisting since it has neither been suspended, stayed, vacated nor upturned on appeal.

He maintained that the 1999 Constitution, as amended, prohibits convicts from holding public positions.
No date has been fixed for mentioning of the suit.

Back to the last page