A Federal High Court in Abuja has been asked to restrain President Bola Tinubu, Senate President Godswill Akpabio and others from using the police, Department of State Service, DSS, to stop officials of the Code of Conduct Tribunal, CCT, including its chairman, Justice Danladi Yakubu Umar, from performing their official functions.

The police, DSS and others taking instructions from Tinubu as Commander-In-Chief were asked to be barred from inviting, intimidating, investigating or otherwise in any other manner whatsoever subjecting officials of the CCT including Justice Danladi Yakubu Umar to their operations, pending the hearing and determination of a motion on notice.

The ex-parte application is a follow up to a suit marked FHC/ABJ/CS/1796/2024
brought before the court by two groups and an Abuja based lawyer, challenging the legality or otherwise of the move to remove Justice Umar as CCT chairman without following due process of law.

The applicants are Community Rescue Initiative, Toro Concemed Citizens & Relief Foundation and Barrister Nasiru Bala.

The defendants are the President, Federal Republic of Nigeria, Attorney-General of the Federation, President of the Senate, the Senate, House of Reps Speaker, House of Representatives, NASS Clerk, National Judicial Council, NJC, Federal Judicial Service Commission, FJSC), Dr. Mainasara Umar Kogo and Abdullahi Usman Bello as 1st to 11th defendants, respectively.

In the ex-parte application filed on their behalf, they asked the Federal High Court for an order of interim injunction restraining the National Judicial Council, NJC, and the Federal Judicial Service Commission, FJSC, from taking any step to swear-in Dr Mainasara Umar Kogo as Chairman of the Code of Conduct Tribunal pending the hearing and determination of the motion on notice.

The applicants also sought an order
restraining Mainasara Umar Kogo from parading himself or doing anything as the chairman of the CCT or otherwise frustrating, obstructing or hindering the smooth administration as well as discharging the functions of the CCT along with its officials including Justice Umar pending the hearing and determination of the motion on notice.

Besides, they want the court to restrain the defendants from recognizing or in any manner whatsoever dealing with Kogo as the chairman of the Code of Conduct Tribunal pending the hearing and determination of the motion on notice.

The ex-parte application was predicated on 14 grounds among which are that the substantive suit revolves around the purported removal of the chairman of the CCT being substantively occupied by Justice Danladi Yakubu Umar.

“Being a person substantively occupying the office of the Chairman of the Code of Conduct Tribunal, the stake, interest and concern of the said Justice Danladi Yakubu Umar is directly in issue in the substantive suit pending before this Honourable Court along all the interlocutory processes filed by the Plaintiffs/Applicants.

“The Plaintiffs have filed an Originating Summons before this Hon. Court on the 28 November, 2024 seeking in the main a resolution of the validity or legality of the proceedings of the 4th and 6th Defendants conducted on the 20th, 26th November, 2024 and such other dates relating to the matter purportedly removing Justice Danladi Yakubu Umar as the Chairman of the Code of Conduct Tribunal.

“The 1st Defendant has earlier on announced, through separate press releases, the appointment of the 10th and 11th Defendants as Chairman of the Code of Conduct Tribunal which office is being substantively occupied by Justice Danladi Yakubu Umar.

“The Plaintiffs have earlier on filed an ex-parte application along with the Motion on Notice counterpart on the 28 November, 2024 wherein they pray for, among other reliefs, an order of this Honourable Court maintaining status-quo between the parties as at 20% November, 2024.

“The Plaintiffs prayer for an order of the Honourable Court maintaining status-quo between the parties in this suit as at 20th November, 2024 as contained on the face of its ex-parte application filed on 28th November, 2024 has been withdrawn and struck-out at its proceedings of 12 December, 2024 leaving the one on the Motion on Notice component pending and served on all the Defendants/Respondents.

“It is also while this matter is pending that the 1st Defendant through the office of the Secretary to the Government of the Federation, issued another letter with Ref. No.: SGF. 19/S.24/C.1/T/177 dated 6th January, 2025 purportedly disengaging Hon. Yakubu Danladi Umar as Chairman, Code of Conduct Tribunal with effect from 26* November, 2024 following the resolution of the 4th and 6th Defendants.

“The 10th Defendant is now parading himself as and laying claim to the office of the Chairman of the Code of Conduct Tribunal relying on the letter issued to him during the pendency of this action and notwithstanding the fact that he has not been sworn-in by the concerned authorities, has been going to the office of the Code of Conduct situate at Jabi, FCT — Abuja and conducting himself in such a manner that has been frustrating, obstructing and hindering the smooth functions of the Tribunal and its officials including the said Hon. Justice Danladi Yakubu Umar.

“The circumstances of this application as its relates to the substantive suit and the attendant extreme urgency it carries is such that it calls for the invocation of the jurisdiction of this Honourable Court along with the powers, authority and force therein contained to hear and grant this application in the overall interest of justice.

“There is serious need to grant the application pending the hearing and determination of the motion on notice in the interest of justice,” parts of the originating summons.

The three plaintiffs are praying the court to restrain the Clerk of the National Assembly from transmitting to President Tinubu, the concurrent resolution of the Senate and House of Representatives which purportedly removed Umar as Chairman of the Code of Conduct Tribunal.

They are also praying the court to stop the President from giving effect to the resolution of the two chambers of the National Assembly, on the grounds that clear provisions of the law, especially the 1999 Constitution were not followed in the purported removal of the CCT boss.

Among others, the plaintiffs are seeking seven declarative reliefs against the president and 10 other defendants.

The suit marked: FHC/ABJ/CS/1796/2024, was instituted on their behalf by Mahmoud M. Maidoki Esq., A.G Salisu Esq., Jibrin S. Jibrin Baq., and Abubakar S. Idris Bag.

In faulting the action of the National Assembly, the plaintiffs asked the Federal High Court to determine: “Whether by virtue of the provisions of Sections 1(1) and (3) , 6(5), 153 (1) (e) & (i) of the 1999 Constitution of the Federal Republic of Nigeria (as amended) as well as Paragraph 13 (a) (vii) and (b) of the Third Schedule thereof, the purported removal of the chairman of the Code of Conduct Tribunal by the 4th Defendant is illegal, void, unconstitutional and of no effect whatsoever same having been made pursuant to the provisions of section 157 (1) of the 1999 Constitution or any other law for that matter.”

They applied for an order restraining the 7th defendant from communicating the resolution’ of the 4th and 6th defendants removing the chairman of the Code of Conduct Tribunal in person of Justice Danladi Yakubu Umar to the 1st defendant the removal having been done without following the due process of law.

Plaintiffs also sought another order restraining the 8th and 9th defendants from considering any person including the 10th or 11th defendant for appointment by the 1st defendant and subsequent confirmation by the 4th and 6th defendants during, the subsistence of term of office of Justice Danladi Yakubu Umar.