In response to recent allegations of a coup attempt to overthrow the present democratic government and forcibly remove elected officials, including President Bola Tinubu, Kanmi Ajibola, a member of the Osun State House of Assembly, has taken the Nigerian military to court.
In his lawsuit, which was filed on Thursday, October 30 at the Federal High Court in Osogbo, Osun State, Ajibola, a lawyer and former chairman of the Nigeria Bar Association, NBA, Ilesa Branch, named the Attorney-General of the Federation, the Nigerian Army, the Air Force, and the Navy as defendants.
In his lawsuit, which was filed on Thursday, October 30 at the Federal High Court in Osogbo, Osun State, Ajibola, a lawyer and former chairman of the Nigeria Bar Association, NBA, Ilesa Branch, named the Attorney-General of the Federation, the Nigerian Army, the Air Force, and the Navy as defendants.
"There is nowhere in the Constitution or any Act of Armed Forces Act and any other Act of the National Assembly where the military is empowered to take over civil rule," the activist claimed in his 23-paragraph affidavit that was attached to his original summons.
"Section 217 (2) of the 1999 constitution which listed the functions of the first three defendants was clear, saying there was nowhere stated that in their capacities to either by their officers or personnel perform, act, or engage in any duty or duties contrary to those functions spelt out," the lawmaker, speaking on behalf of Oriade State Constituency, said as he listed five questions for the court to decide.
"The military is under compulsion to obey Sections 1 (2), 150, and 217 of the 1999 Constitution and Section 1 (3 to 5) of the Armed Forces Act," he added. "Therefore, the court should permanently prohibit the nation's armed forces from forcibly assuming power, governance, and control of the Government of Nigeria by means of coup d'etat or by any other means unknown to the Nigerian Constitution."
The last reported purported coup attempt was a bad omen and a slap on the face of all true democrats who struggled for the enthronement of democracy in Nigeria, according to Ajibola's signed testimony, which listed the constitutional function of the military forces.
The last reported purported coup attempt was a bad omen and a slap on the face of all true democrats who struggled for the enthronement of democracy in Nigeria, according to Ajibola's signed testimony, which listed the constitutional function of the military forces.
The legislator stated that he is adamant that the military who are accused of being part in the coup "remain ignorant that they can take over power, governance, and control of the government of Nigeria by way of coup d'etat."
He went on to say that he has the right to bring the military forces before the court since he is a lawyer and a Nigerian who has performed his civic duties.
He went on to say that he has the right to bring the military forces before the court since he is a lawyer and a Nigerian who has performed his civic duties.
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