Two civil society groups and a lawyer have filed a suit to stop moves to remove Code of Conduct Tribunal (CCT) chairperson Danladi Umar.
The plaintiffs—Community Rescue Initiative and Toro Concerned Citizens & Relief Foundation and an Abuja-based lawyer, Nasiru Bala – are seeking an interim injunction to prevent the security agencies from summoning, intimidating, or investigating Mr Umar and other tribunal officials until the court rules on a motion on notice.
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The suit filed on 24 January challenges the legality of Mr Umar’s removal without adherence to due process.
The plaintiffs argue that the purported appointment of Mainasara Kogo as the new CCT chairman violates constitutional provisions.
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They ask the court to bar Mr Kogo from assuming office or interfering with the tribunal’s functions.
The defendants in the case include President Bola Tinubu, the Attorney-General of the Federation, the President of the Senate, the Senate, House of Reps Speaker, House of Representatives, and the Clerk of the National Assembly.
The rest are the National Judicial Council (NJC), Federal Judicial Service Commission (FJSC), Mainasara Kogo, and Abdullahi Bello.
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The plaintiffs urged the court to prevent the NJC and FJSC from administering the oath of office to Mr Kogo, arguing that Mr Umar remains the substantive chairman.
They contend that Mr Kogo’s presence at the CCT premises is obstructing its operations.
Ground for challenge
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 Mr Umar.
The plaintiffs claim that the Senate and House of Representatives passed a concurrent resolution removing Mr Umar without following due process, particularly the stipulations of section 157(1) of the 1999 Constitution.
“The circumstances of this application as it 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 a 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 plaintiffs’ filing read in part.
Prayers
The plaintiffs prayed for an order restraining the National Assembly Clerk from transmitting the resolution to President Tinubu.
They also sought an order stopping the president from implementing the National Assembly’s resolution.
Also, they sought a declaration that Mr Umar’s removal is unconstitutional, null, and void.
Among others, the plaintiffs are seeking seven declarative reliefs against the president and 10 other defendants.
The plaintiffs also argued that allowing Mr Kogo to take office would cause irreparable damage to the integrity of the tribunal, hence the urgent need for judicial intervention.
The suit, filed by lawyers Mahmoud Maidoki, A. Salisu, Jibrin Jibrin, and Abubakar Idris, expressed concerns that Mr Umar’s removal might undermine the independence of the tribunal.
The court is expected to determine whether the National Assembly acted within its constitutional powers and if the process adhered to established legal procedures.
Background
The controversy surrounding the leadership of the CCT began in July 2024, when Mr Tinubu appointed Mr Kogo as the tribunal’s new chairperson without seeking the mandatory recommendations of the National Judicial Council (NJC), as required by the Constitution.
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Despite the appointment, Mr Umar refused to vacate his office, insisting that his tenure had not yet expired in line with constitutional provisions.
His refusal triggered a political standoff, with the National Assembly stepping into the fray. In November 2024, both the Senate and the House of Representatives passed a resolution urging Mr Tinubu to remove Mr Umar from office. The Senate would later admit that the resolution was tainted by an error.
In a controversial move, Mr Tinubu again in January, acted on the National Assembly’s request by appointing Mr Kogo once again—this time backdating the effective date of the appointment to 27 November 2024.
However, Mr Tinubu bypassed the constitutional roles of the NJC and the Federal Judicial Service Commission (FJSC).
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