Court dismisses suit against Tinubu on removal of Danladi Umar as CCT Chairman

 

Justice James Kolawole Omotosho of the Federal High Court in Abuja has dismissed a suit instituted against President Bola Ahmed Tinubu challenging the removal of Danladi Yakubu Umar as Chairman of the Code of Conduct Tribunal (CCT).

The suit was struck out by the judge following its withdrawal by the plaintiffs.

The plaintiffs: Community Rescue Initiative, Toro Concerned Citizens of a Relief Foundation, and an Abuja-based lawyer, Comrade Nasir Bala, had jointly instituted the suit against President Tinubu, the Attorney-General of the Federation and Minister of Justice, Lateef Fagbemi (SAN), Senate President Godswill Akpabio, and six others.

It will be recalled that the Senate, in November, asked President Tinubu to sack Danladi Umar as CCT Chairman over allegations of corruption and misconduct.

The upper chamber adopted the resolution during a plenary session after Senate President Godswill Akpabio put it to a vote, and a majority of the senators supported it.

The resolution was passed in accordance with the provisions of Section 157(1) of the Nigerian Constitution, which stipulates that two-thirds of the Senate’s membership can advise the President to remove the CCT Chairman.

The Senate subsequently approved the resolution.

However, in the suit, the plaintiffs sought to restrain the Clerk of the National Assembly from transmitting the resolutions of the Senate and House of Representatives to the President, and to halt any attempt by the Executive to act on the resolution purportedly removing Justice Umar from office.

At the resumed hearing of the matter on Tuesday, counsel to the plaintiffs informed the court of their decision to discontinue the case.

He stated that a formal notice of withdrawal had already been filed and brought to the court’s attention.

Justice Omotosho consequently dismissed the case on the ground that the parties had already joined issues with one another.

The plaintiffs had earlier argued that the National Assembly acted in breach of constitutional provisions, particularly Section 157(1), Section 22(3) of the Code of Conduct Bureau and Tribunal Act, and relevant paragraphs of the 1999 Constitution, in recommending Umar’s removal.