The Chief of Army Staff, General Faruk Yahaya, and two other people have been sued by Abuja-based lawyer and human rights activist JOHNMARY CHUKWUKASI JIDEOBI, Esq., who is requesting that the court declare Yahaya’s position vacant.
The plaintiff is requesting the court to rule on the following legal issues in the court records that have been made accessible to him or her:
- 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
- Whether having regard to the provision of Section 287(3) of the amended 1999 Constitution of the Federal Republic of Nigeria, the 1stDefendant, 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?
Against the answers that may be proffered to the foregoing questions of law, the Plaintiff SEEKS THE FOLLOWING RELIEFS:
- A DECLARARTION of this Honourable Court that 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 not possessed of the constitutional powers to appoint a man who has been convicted and serving jail term as a sentence imposed by a Court of law to act as the Chief of Army Staff of the Nigerian Army or exercise any of the functions or powers of the office of the Chief of Army Staff or enjoy any of the benefits attached to that office.
2. A DECLARATION of this Honourable Court that 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, cannot continue to validly discharge the functions and exercise the powers of the Chief of Army Staff of the Nigerian Army established by the Constitution.
3. AN ORDER of this Honourable Court declaring vacant the seat of the Chief of Army Staff of Nigerian Army.
4. 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.
5. 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.
6. AN ORDER of this Honourable Court restraining GENERLA 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.
7. 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 1stDefendant into the office of the Chief of Army Staff or any other position in the Armed Forces of the Federal Republic of Nigeria.
8. 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.
9. ANY OTHER ORDER OR ORDERS that this Honourable Court may deem fit to make in the entire circumstances of this case
The Plaintiff stated the grounds upon which the instant application is pillared as follows:
- A judgment or order of a Court of competent jurisdiction remains valid and binding unless and until it is set aside by an appellate Court or by the lower Court itself, BABATUNDE VS. OLATUNJI (2000) 2 NWLR (PT. 646) PAGE 568
- A judgment of a Court of competent jurisdiction remains valid and binding even where the person affected by it believes that it is void, until it is set aside by a Court of competent jurisdiction, ZAKIRAI VS. MUHAMMAD & ORS (2017) LPELR -42349
- By Section 287(3) of the amended 1999 Constitution of the Federal Republic of Nigeria , the decisions of the Federal High Court, the National Industrial Court, a High Court and of all other Courts established by this Constitution shall be enforced in any part of the Federation by all authorities and persons, and by other Courts of law with subordinate jurisdiction to that of the Federal High Court, the National Industrial Court, a High Court and those other Courts, respectively, KAMALU & ORS VS. UMUNNA & ORS (1997) LPELR – 1657.
4. On the 30thday of November, 2022, the High Court of Niger State of Nigeria, presided over by the Honourable the Chief Judge, the Honourable Justice H. I. Abdulmalik, delivered a Ruling in which the 1st Defendant, the Chief of Army Staff, was convicted of the crime of contempt of Court, consequently sentenced to prison at Minna Correctional Custody.
5. The Ruling of the Honourable Court of the High Court of Niger State of Nigeria rendered on the 30thday of November, 2022 has not been vacated by that Court nor has a higher Court upturned same and therefore subsisting.
6. The Constitution frowns on convicts holding public positions in Nigeria.
7. The President of the Federal Republic of Nigeria [who is the 2ndDefendant] 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.
8. 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.
Other parties to the suit include President Mohammadu Buhari and the Attorney General of the federation, Abubakar Malami, SAN.
The Niger State High Court’s Chief Judge, the Honorable Justice Halima Ibrahim Abdulmalik, issued a ruling on November 30, 2022, in which the court found the first defendant guilty of contempt of court and sentenced him to prison.
The Court made the following decision, according to the ruling: “The order is committing General Faruk Yahaya, the Chief of Army Staff, and Major General Stevenson Olugbenga Olabanji, the Commandant Training and Doctrine Command Minna, to be kept in Minna Correctional Custody for contentions of the order of this court on 12 October 2022.”