Activist sues Tinubu, others over tenure extension of Customs comptroller

A human rights activist, Bolaji Akinyemi, has filed a suit against President Bola Tinubu challenging his extension of Bashir Adeniyi’s tenure as the comptroller general of Nigeria Customs Service (NCS).

Mr Akinyemi filed the suit at the Federal High Court in Lagos State on 29 July, according to a court document obtained by PREMIUM TIMES.

Apart from Mr Tinubu, the Attorney-General of the Federation and Minister of Justice, Lateef Fagbemi; Minister of Finance, Wale Edun; and the NCS were listed as respondents in the suit.

Other respondents in the suit are the Nigeria Customs Service Governing Board; Office of the Comptroller General of the Nigeria Customs and Excise Services; and the Comptroller General of the NCS, Mr Adeniyi.

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The suit, brought under the the Fundamental Rights (Enforcement Procedure) Rules, 2009, relevant sections of the Nigerian onstitution and the Nigeria Customs Service Act, 2023, has yet to get a hearing date.

Why the suit

Speaking to reporters in Enugu on Tuesday, the plaintiff, through his lawyers from the Newworth LLP, said the suit followed the purported extension or continued stay in office of the Customs Comptroller General of the NCS, Mr Adeniyi, beyond 31 August 2025, when his tenure would elapse.

Leader of the legal team, Ayodele Ademiluyi, told reporters that the court would determine whether Mr Tinubu has the constitutional or statutory authority under Section 14(1) of the Nigeria Customs Service Act (2023 as amended) to extend the tenure of Mr Adeniyi after he proceeded on terminal leave.

Mr Ademiluyi, a lawyer, asked the court to determine whether Mr Adeniyi can legally continue to act as the comptroller general beyond his exit date without violating Nigerians’ rights and due process expectations.

He said Mr Akinyemi, the plaintiff, believes that the continued stay in office of Mr Adeniyi impinges on his right to life, dignity and democratic governance.

The suit asked the court to declare that any such extension or continued stay in office was illegal and unconstitutional.

The plaintiff sought, among others, “restraining orders barring both the President and Mr Adeniyi from executing or accepting any such tenure extension.

“Any further orders the Court deems just in the interest of constitutional order and rule of law,” Mr Ademiluyi said.

“This suit underscores a growing concern over the abuse of executive powers in the appointment and tenure elongation of key public office holders, often at the expense of the Constitution, institutional integrity, and the public interest.

“This is not just about one office holder – it is about preserving legality, transparency, and accountability in the governance of our nation,” the lawyer said.

“Customs is a vital institution, and illegality at the top compromises national security, economic stability, and citizens’ trust.”

Background

In 2024, a report indicated that Mr Tinubu and the NCS had perfected plans to extend the service years of 12 top officers, including Mr Adeniyi, who were already due for retirement.

In April this year, a press statement purportedly originating from the State House announced the extension of Mr Adeniyi’s tenure.

However, the NCS’s national spokesperson, Abdullahi Maiwada, refuted the report, describing it as “false and misleading.”

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“As of this moment, no such directive has been communicated to the NCS by the appropriate authorities,” Mr Maiwada said in the statement issued in April.

However, on Thursday, President Tinubu approved the extension of Mr Adeniyi’s tenure as NCS Comptroller General by one year.

In a statement on Thursday, Bayo Onanuga, the presidential spokesperson, said the extension would enable Mr Adeniyi to “consolidate ongoing reforms and complete critical initiatives” of the current administration