APP sues Buhari over illegal stay in office of SGF, aides

Action People’s Political Party (APP) yesterday, dragged President Muhammadu Buhari before the Federal High Court sitting in Abuja over the alleged continued illegal and unlawful stay in office of some of his aides and other appointees of the president.
In a suit numbered, FHC/ABJ/CS/762/2019, the party and the national spokesman of the Coalition of United Political Parties (CUPP), Ikenga Ugochinyere, joined the Chief of Staff to the president, Abba Kyari; Secretary to the Government of the Federation (SGF), Boss Mustapha, and the two media aides to the president, Garba Shehu and Femi Adesina, as 2nd to 5th defendants, along with the president as defendants.
The plaintiffs want an order of the court to restrain Kyari, Mustapha, Shehu, Adesina (2nd to 5th defendants) and any other personal staff of the president from parading themselves as the Chief of Staff, SGF and media aides to the president of the Federal Republic of Nigeria until official reappointment is made.
They also prayed the court for an order directing the 2nd to 5th defendants and any other aide or personal staff of the president, appointed pursuant to Sections 151 and 171of the constitution prior to May 29, 2019 and still acting in that capacity without reappointment to vacate their offices with immediate effect for breach of Sections 151 and 171 of the constitution of the Federal Republic of Nigeria 1999 as amended.
The plaintiffs further prayed the court to order the defendants and other aide or personal staff of the president appointed prior to May 29, 2019 and still acting in that capacity without reappointment to return and pay into federation account, all their emoluments, salaries and allowances received from May 29, 2019 till the day they vacate office.
They are also praying the court to order the defendants and any other aide(s) of the president not so reappointed after May 29 and subsequently subscribed to fresh oath of office and oath of allegiance from parading or acting in any capacity as SGF or as aide to the president.
The plaintiffs, in the suit filed on July 3, 2019 by their counsel, Chibuzor Ezike, formulated three questions for the determination of the court, one of which is, “Whether by Sections 151(3), 152 and 171(1)(2)(a and e) and (6) of the constitution of the constitution of the Federal Republic of Nigeria 1999 as amended, the first defendant (Buhari) has the power to extend and elongate the tenure of the office of the 2nd to 5th defendants and any of his aides appointed pursuant to Sections 151(1) and 171 (2) (a and e) of the constitution without first terminating their tenure at the end of his four year term on the 29th, May, 2019.
“Whether the tenure elongation and continued service of the 2nd to 5th defendants and all other aides of the first defendant, despite the expiration of the President’s four year tenure on May 29, without official reappointment taken and subscription of oath of office and oath of allegiance is not in clear breach of Section 151(3) 171 (6) of the constitution of the Federal Republic of Nigeria 1999 as amended?

“Whether the 2nd to 5th defendants or any other aide of the president appointed pursuant to Section 151 and 171(2)(a and e) are entitled to any official emoluments and benefit with respect to their offices as from May 29, 2019 when the first four year tenure of the president ended?”
Meanwhile, CUPP said it has launched the new legal action to project the principles of the nation’s constitutional governance and seeking that the court should declare the offices of the presidential aides, the SGF and that of the Chief of Staff to the president vacant, their occupants as illegal occupants and impostors and a desecration of the sanctity of constitutional governance.
The CUPP said, the ” Former SGF, Boss Mustapha is still in that office, Sen. Ita Enang is still parading as special adviser to the president on National Assembly Matters (Senate), Abba Kyari as Chief of Staff, Adesina is still appearing in TV programs as special adviser to the president on media, likewise Garba Shehu parading as the senior special assistant to the president on media and publicity.”

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