The removal of the Code of Conduct Tribunal, CCT Chairman, Justice Danladi Umar from office has become a legal controversy as a Federal High Court in Abuja has been urged to restrain President Bola Tinubu, Senate President Godswill Akpabio, and other officials from interfering with the official duties of its Chairman pending the determination of matter pending in Court.
The president or any other official of government have been asked under this circumstances not to use the police, Department of State Services, DSS or any other security agents not to harass Justice Umar in the course of discharging his statutory duties, according to details of Court proceedings in this regard as obtained by CAPIAL POST in Abuja.
President Tinubu or his agents, including the Police or other security agents acting on directive of President Tinubu have been told by the Federal High Court to refrain from inviting, investigating and subjecting Justice Danladi Umar to their operations with regard to the Code of Conduct Tribunal.
The Court averred that the restraint order is to remain in effect pending the determination of a Motion on Notice so as not to jeopardise an ex-parte application in a case marked: FHC/ABJ/CS/1796/2024, brought forth by two interested organisations and an Abuja-based attorney, who are challenging the legality of efforts to remove Justice Umar from his position without adhering to due process.
After attempts to remove Justice Danladi Umar from office as CCT Chairman by the Nigerian National Assembly believed to have not been in consonance with the provision of the Constitution 1999 as amended, the applicants, identified as the Community Rescue Initiative, Toro Concerned Citizens and Relief Foundation, and Nasiru Bala, a lawyer, approached a Court of competent jurisdiction seeking the defendants, including the President of Nigeria, Attorney-General, Senate President, and other key governmental bodies, totaling 11 defendants’ action to be declared null and void.
Highlighting the constitutional breach, the plaintiffs in their ex-parte application, is seeking an interim injunction that would stop the National Judicial Council and Federal Judicial Service Commission from taking steps to appoint Dr. Mainasara Umar Kogo as Chairman of the CCT until the Motion on Notice is heard and determined.
Additionally, the applicants want the court to bar Kogo from claiming the office of CCT Chairman or obstructing the Tribunal’s functions until the ongoing legal matters are resolved.
They also seek a ruling to prevent the defendants from recognising or dealing with Kogo in any official capacity related to the CCT during this period.
The ex-parte application is based on 14 grounds asserting that the central issue concerns the alleged unlawful removal of Justice Umar as CCT Chairman. According to the plaintiffs, Umar has a direct stake in the case as he occupies the position in question.
Key points raised in their application include:
“The plaintiffs have previously filed an originating summons on November 28, 2024, addressing the validity of resolutions purportedly removing Justice Umar conducted on November 20 and 26, 2024.
“The plaintiffs point out that the 1st defendant previously announced the appointments of Kogo and another individual as CCT Chairman, despite Justice Umar’s current occupancy of that office.
“Urgent action by the court is necessary to maintain the status quo until the determination of the motion, especially given the actions of Kogo, who has reportedly begun conducting himself as the Chairman even without an official oath of office.”
The plaintiffs are specifically seeking to restrain the Clerk of the National Assembly from forwarding the concurrent resolutions of the Senate and House of Representatives that allegedly remove Umar from his position.
They argued that the procedures mandated by law, particularly the 1999 Constitution, were not followed in this purported removal.
Through their filings, the plaintiffs additionally request a total of seven declarative reliefs against the President and the other defendants, emphasising the illegality and potential unconstitutionality of the actions taken against Justice Umar.
The suit was filed by legal representatives Mahmoud M. Maidoki, A.G. Salisu, Jibrin S. Jibrin, and Abubakar S. Idris, who aim to uphold the integrity of the CCT and protect the constitutional rights of its Chairman during this contentious period.
