The suit challenging the eligibility of former military Heads of State as members of the Council of State will, on June 15, 2022, commence at a Federal High Court sitting in Awka, Anambra State.
A constitutional lawyer, Dr Nwafili Okwuosa, in a suit number FHC/AWKCS/27/ 2021, prayed the court to stop General Yakubu Gowon, General Olusegun Obasanjo, General Abdusalami Abubakar, and Chief Ernest Shonekan from participating, parading and collecting emoluments as members of the Council of State.
Joined in the suit are the Attorney-General of the Federation and Accountant-General of the Federation.
Okwuosa said that the 1999 Constitution as amended did not recognise the take over of government in Nigeria by any means.
According to him, by virtue of the provision of Section 1(2) of the 1999 Constitution, it is inconsistent for any person to ascend to power through means not provided.
He stated that according to the Constitution, the former military Heads of State are not entitled to lifelong pension, emoluments, allowance, perks or whatsoever under the prevailing order.
He prayed the court to order them to refund all the emoluments so far collected as members of the Council of State, while also asking them to apologise to Nigerians for foisting themselves on the country.
He prayed the court to stop the Attorney General of the Federation from inviting them to the Council of State meeting.
In the absence of someone representing the Attorney General of the Federation, Arunchi Worlu, who was in court for a different case, was asked to take over.
Worlu said that she was not briefed but would report to the office for appropriate action.
The presiding judge, Justice Nnamdi Dimgba, adjourned the case to June 15, 2022 for hearing and ordered the plaintiff to serve the defendants with pre-notice information.
