A Federal High Court, sitting in Osogbo has ordered the National
Assembly to immediately commence impeachment process against President
Justice Maurine Adaobi Onyetenu Wednesday gave the order based on the
suit filed by two Nigerians, Kanmi Ajibola, a lawyer and Sulaiman
Adeniyi, a human right activist urging the court to enforce the
National Assembly to impeach President Buhari.
The duo had three months ago written to both the lower and the upper
chambers of the National Assembly on the need to impeach President
Buhari, citing alleged constitutional breaches by the president and
threatened that they will approach the court if they fail to act
But when the lawmakers refused, they headed for court and filed a suit
at the Federal High Court, Osogbo asking for an order of mandamus to
compel both the Senate and the House of Representatives to start the
impeachment proceedings of President Buhari.
In the suit filed on Tuesday, June 19, 2018, they hinged their
arguments on four grounds on why the National Assembly should impeach
In the motion ex-parte, the duo claimed that in flagrant violation of
the 1999 constitution, President Buhari contested election, won and
was sworn in as the president on the 29th day of May 2015 without
possessing the basic constitutional requirement, which would have made
him qualified for the contest of the election.
They further alleged that the 4th respondent, which is President
Buhari in flagrant violation of section 137 (1) (j) of the 1999
constitution presented a forged certificate to the Independent
National Electoral Commission (INEC) for the purpose of the 2015
presidential election that brought him to the office of the president
“In the light of the 4th Respondent’s placement to continue in the
office as the president, he has no certificate and basic requirement
upon which this placement to continue in the office can be placed.”
Besides, they accused the president of treating the orders of the
court with a great disdain and abuses the constitution of the Federal
Republic of Nigeria at will, particularly from the angle of the
observance of the Federal character as contained in section 14 of the
“The 4th Respondent on the 29th day of May 2015, took an oath of
office, among others, to the effect that, he would rule in accordance
to and protect the constitution of the Federal Republic of Nigeria,
particularly section 14 (2) (b) which stipulates that the security and
welfare of the people shall be the primary purpose of government.”
“In the contrary, the 4th Respondent has proved to be unable to
guarantee the security of lives and properties of the citizens of the
federal Republic of Nigeria in fulfillment of his oath of Office. The
herdsmen killings of the innocent citizens under the 4th Respondent
have been uncountable, unbearable and unprecedented overheating
figures in the globe.
“The 4th Respondent in contravention of the due process and sections
80 and 81 of the 1999 constitution spent about $496 Million on the
purchase of Tucano Jets without the approval of the National Assembly
of the Federal Republic of Nigeria as required by the law.
“The 4th Respondent ordered to be withdrawn, money from the public
fund of the Federation without the approval of the National Assembly
or the authorization of its act and same used for the purchase of
“The 4th Respondent has committed several impeachable offences, that
is, gross misconduct.
“By the provision of section 143 of the 1999 constitution, the 1st to
3rd Respondents (The Senate President, the Speaker of the House of
Representatives and the National Assembly) have the statutory duty to
impeach the 4th Respondent as the president and Commander in – Chief
of Armed Forces of the Federal Republic of Nigeria on gross
“The 1st to 3rd Respondents have closed their eyes to the gross
misconduct of the 4th Respondent.
They told the court that as applicants in the matter, they have the
right and duty to compel the 1st and 3rd Respondents to perform their
statutory duty of impeachment against the 4th Respondent, having
bothered on the constitution of the Federal Republic of Nigeria.
Citing several constitutional authorities in the written address in
support of the motion ex-parte and with 44-paragraph affidavits, the
duo posed some questions by putting Nigeria side by side with some
“Can the conduct of the 4th Respondent, particularly on the
presentation of a forged certificate, be condone in America or great
“Can the 4th Respondent continue to benefits from his act of forgery
and infraction of constitution?
“Definitely, an American president cannot be genuinely accused of
presentation of a forged certificate and still be allowed to continue
as the president, likewise the prime minister of the Great Britain”,
After moving the application before the, Barrister Ajibola urged the
court that with all array of documents before the court, he was of the
view that the National Assembly must perform its constitutional duties
without fear or favour.
Justice Onyetenu in her ruling granted the application and ordered
“that the National Assembly being the 1st,2ndand 3rd respondents
commence the impeachment of President Muhammadu Buhari”.
Further hearing of the matter has been fixed to October 30th, 2018.