Contempt: Court okays suit seeking removal of Chief of Army Staff

....as lawyer insists he is an ex-convict

By Editor

The Federal High Court sitting in Abuja has okayed a suit seeking to compel President Muhammadu Buhari to immediately sack the Chief of Army Staff, General Faruk Yahaya, following the judgement that convicted and sentenced him to prison for contempt.

A High Court in Niger State had in a ruling it delivered on November 30, ordered that the Army Chief should be remanded at the prison in Minna.

Justice Halima Ibrahim Abdulmalik, who gave the ruling, ordered that General Yahaya should 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.

Meanwhile, consequent upon the court order, a constitutional lawyer, Mr. Jideobi Johnmary, has approached the high court, asking it to determine; "Whether having regard to the provision of Section 287(3) of the amended 1999 Constitution of the Federal Republic of Nigeria, the President of the Federal Republic of Nigeria, is possessed of the constitutional powers to appoint as the Chief of Army Staff, a man who has been convicted and serving jail term as a result of the sentence imposed on him by a Court of competent jurisdiction following his conviction for the crime of contempt of court?

As well as, "Whether having regard to the provision of Section 287(3) of the amended 1999 Constitution of the Federal Republic of Nigeria, the 1st Defendant, who has been convicted and sentenced to prison, on the 30th day of November, 2022, by the High Court of Niger State of Nigeria, can continue to validly discharge the functions and exercise the powers of the Chief of Army Staff of the Nigerian Army established by the Constitution?".

Aside from General Yahaha, also 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.

Upon determination of the legal questions, the plaintiff, is among other things, seeking; "An orde of this Honourable Court 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".

Likewise, "A mandatory order of this Honourable Court, 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.

The plaintiff insisted that President Buhari has no constitutional vires to appoint a convict serving jail term in Correctional Center to serve as the Chief of Army Staff of the Nigerian Army. 

"This suit is brought in the interest of the public, to protect the dignity of the Nigerian Constitution and the Nigerian Army as a foremost institution of discipline which must not be led at any time by a convict more so a contemnor who treats the sacred orders and decisions of a duly constituted Court with perfidious disregard", the plaintiff added.

However, no date has been fixed for the suit to be heard.