The Coalition of United Political
Parties (CUPP) and the Action Peoples Party (APP) have approached an Abuja
Federal High Court, to order the vacation from office political appointees of
President Muhammadu Buhari, who are yet to be re-appointed.
Among presidential aides the
coalition is seeking their sack include: Buhari’s Chief of Staff, Abba Kyari;
Secretary to the Government of the Federation, Boss Mustapha; Senior Special
Assistant, Media and Publicity and Special Adviser, Femi Adesina, amongst
others.
The plaintiff stated that it is
an aberration, for the presidential aides whose tenure ended with the
expiration of the president’s first term, to continue in office without being
re-appointed.
Those sued as defendants in the
suit marked: FHC/ABJ/CS/762/2019, include; President Buhari, Abba Kyari, Boss
Mustapha, Garba Shehu and Femi Adesina, as 1st to 5th defendants.
The plaintiffs want an order of
the court to restrain Kyari, Mustapha, Shehu, Adesina (2nd to 5th defendants)
and any other personal staff of the president, from parading themselves as the
Chief of Staff, SGF and media aides to the president of the Federal Republic of
Nigeria, until official reappointment is made.
They also prayed the court to
order the defendants and other aide or personal staff of the president
appointed prior to May 29, 2019 and still acting in that capacity without
reappointment, to return and pay into federation account, all their emoluments,
salaries and allowances received from May 29, 2019 till the day they vacate
office.
The plaintiffs, in the suit filed
on July 3, 2019 by their counsel, Chibuzor Ezike formulated three questions for
the determination of the court, one of which is, “Whether by Sections 151(3),
152 and 171(1)(2)(a and e) and (6) of the constitution of the Federal Republic
of Nigeria 1999 as amended, the first defendant (Buhari) has the power to
extend and elongate the tenure of the office of the 2nd to 5th defendants and
any of his aides appointed pursuant to Sections 151(1) and 171 (2) (a and e) of
the constitution without first terminating their tenure at the end of his four
year term on the 29th, May, 2019?
“Whether the tenure elongation
and continued service of the 2nd to 5th defendants and all other aides of the
first defendant, despite the expiration of the President’s four year tenure on
May 29, without official reappointment taken and subscription of oath of office
and oath of allegiance is not in clear breach of Section 151(3) 171 (6) of the
constitution of the federal republic of Nigeria 1999 as amended?
“Whether the 2nd to 5th
defendants or any other aide of the president appointed pursuant to Section 151
and 171(2)(a and e) are entitled to any official emoluments and benefit with
respect to their offices as from May 29, 2019, when the first four year tenure
of the president ended?”
CUPP added in a statement that
the “Former SGF, Boss Mustapha is still in that office, Sen. Ita Enang is still
parading as special adviser to the president on National Assembly Matters
(Senate), Abba Kyari as Chief of Staff, Adesina is still appearing in TV
programs as Special Adviser to the President on Media, likewise Garba Shehu
parading as the Senior Special Assistant to the President on Media and
Publicity.
“These among other officials of
the presidency are still illegally occupying their former offices without any
lawful authority as the president has not made any announcement to the nation
that he has appointed or reappointment officers onto the positions,” it said.
According to CUPP, “President
Buhari’s inability to appoint personal/presidential aides or indeed any other
appointments over one month after taking oath of office is a sign that the
president is still not yet ready to govern and lacks understanding of the
urgency needed to fix Nigeria.”
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