Thursday, September 3, 2015

see how Activist Drags President Buhari To Court

       An anti-corruption crusader, Ifeanyichukwu Okonkwo has filed a suit before the Federal High Court sitting in Umuahia, Abia State, challenging the constitutionality of the appointment of Col.
 Hameed Ibrahim Ali (rtd) as the Controller-General of the Nigeria Customs Service, by President Muhammadu Buhari.


In suit no: FHC/UM/CS/216/15, Okonkwo is seeking for the interpretation of Sec. 5(1), 147(1), 148, 151 and 171(1) of the 1999 constitution as amended, the Custom and Excise Management Act, Cap. 45 Vol. 4LFN 2004 and all other enabling laws thereto and African Charter on Human and Peoples Right (ratification and enforcement) Act – Article 22(2), LFN 2004.

Mr. Okonkwo asked the court to declare that the appointment of Col. Hameed Ibrahim Ali (rtd) as Controller-General of the Nigeria Customs Services by the President violated 5(1), 147(1), 148, 151 and 171(1) of the 1999 constitution as amended and the purported appointment is ‘ultra vires’ of the president’s executive powers and duties and thereby a flagrant breach of his Oath of Office.

Among other reliefs, the plaintiff is seeking “a declaration that as at 27th of August 2015, when the President purportedly appointed the Col. Ali (rtd) Controller-General of the NCS; the President Buhari breached the statutory mandatory provision in section 147(1) of the 1999 constitution; having not appointed Minister of Finance, the 2nd defendant.

“A declaration that the appointment of the Col. Ali (rtd) as the Controller-General of the NCS is not supported by any iota of law, and a clear violation of the Public Service Rules application to the NCS. A declaration that there is no enabling law made by the national Assembly as the authority for the appointment of Col. Ali (rtd) as the new Controller-General, NCS, his appointment by President Buhari is unconstitutional, null and void”.

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