Ardo, a former Special Assistant to then Vice-President Atiku Abubakar, on Research and Strategy, also asked the court to stop the investiture of such national honour on Abiola’s running mate in the 1993 presidential election, Kingibe.
The PDP chief on Tuesday filed the suit marked, FHC/ABJ/CS/609/2018, contending that “without the advice of the Council of State” the President lacked the power to confer the national honours as planned.
He also asked the court to set aside the decision of President Buhari to confer national awards on the planned honourees.
Ardo joined the President, the Secretary to the Government of the Federation, Mr. Boss Mustapha, and the Attorney General of the Federation, Mr. Abubakar Malami (SAN), as the defendants.
He filed along with the main suit a motion seeking “an interlocutory injunction” restraining President Buhari and other defendants from going ahead with the conferment of the national honours as planned for Tuesday.
He also wrote to the SGF through his lawyer, Mr. Doueyi Fiderikumo, shortly after filing the suit on Monday, warning that the conferment ceremony be stayed in the light of the legal action.
The lawyer wrote, “In this development, you are advised to stay action on the conferment of the said award on the late Chief M.K.O Abiola, Ambassador Babagana Kingibe, and the late Chief Gani Fawehinmi, so as not to interfere with the subject of the said case.
“An advance copy of the said suit is hereby attached for the avoidance of doubt,” he added.
But Ardo in his suit filed on Monday argued that the national honours could not be conferred since the President had yet to obtain the advice of the Council of State in that respect.
He argued that the conferment of the national honours planned to hold on Tuesday (today) would violate section 5(1)(b) and section 6(a)(iii) of Part 1 to the Third Schedule of the Nigerian Constitution.
He asked the court to determine “whether having regard to 5(1)(b) of the Constitution of the Federal Republic of Nigeria 1999 (as amended) and section 6(a)(iii) of Part 1 to the Third Schedule thereto, the 1st defendant (Buhari) is not under a legal obligation to consult or at least obtain the advice of the Council of State before the conferment of a national award on any person?”
He therefore urged the court to make, “A declaration that the 1st defendant (Buhari) lacks the constitutional powers to award National Honours to the late Chief M.K.O. Abiola, Ambassador Babagana Kingibe, the late Chief Gani Fawehinmi or anybody else for that matter without the advice of the Council of State as provided for in section 6(a)(iii) of Part 1 to the Third Schedule of the Constitution of the Federal Republic of Nigeria 1999 (as amended).
“A declaration that the decision of the 1st defendant to award National Honours to the late Chief M.K.O. Abiola, Ambassador Babagana Kingibe, late Chief Gani Fawehinmi or anybody else for that matter without seeking and obtaining the advice of the Council of State is contrary to sections 5(1)(b) of the Constitution of the Federal Republic of Nigeria 1999 (as amended) and section 6(a)(iii) of Part 1 to the Third Schedule thereto and is thus null and void.
“An order of this honourable court setting aside the decision of the 1st Defendant to confer national awards on the late Chief M.K.O. Abiola, Ambassador Babagana Kingibe and the late Chief Gani Fawehinmi.”
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