The Coalition of United Political Parties (CUPP) yesterday instituted a legal action against President Muhammadu Buhari and some of his key appointees at the Federal High Court, Abuja over what it called the “continued illegal stay in office of Buhari’s aides.”
The suit, which was filed on its behalf by the Action Peoples Party (APP) and the coalition’s national spokesperson, Ikenga Imo Ugochinyere, has the president, Abba Kyari, Boss Mustapha, Garba Shehu and Femi Adesina as first to fifth defendants.
In the case marked FHC/ABJ/CS/762/2019 and dated July 2, the claimants are seeking an order of court declaring the continued stay in office by the second to fifth defendants without reappointment illegal, act of impersonation and desecration of sanctity of constitutional governance
They also want the court to restrain the second to fifth defendants and any other special adviser or personal staff of the president from further parading themselves as appointees pending reappointments.
CUPP equally urged the court to order the second to fifth defendants to vacate their offices with immediate effect while returning salaries and allowances received from May 29 till the day they vacate office into the Federation Account
It also wants the court to determine whether pursuant to the provisions of Section 151 (3), 152 and 171(1), (2) (a) and (6) of the 1999 Constitution (as amended), the first defendant has the powers to extend and elongate the tenure of office of the second to fifth defendants and any of his aides without first terminating their tenures on May 29.
The claimants are also seeking the determination of the court as to whether the tenure elongation and continued service of the second to fifth defendants and all other aides despite the expiration of the president’s four-year tenure without official reappointment, taking and subscription of oath of office and oath of allegiance are not in clear breach of the constitution.
They equally want to know if the second to fifth defendants are still entitled to any official emoluments and benefits with respect to their offices with effect from May 29 when the four-year tenure of the first defendant (Buhari) ended.
The plaintiffs consequently urged the court to declare that by the provisions of Sections 151, 152 and 171of the constitution, the tenure of all political appointees that were appointed pursuant to Sections 151 and 171 by the first defendant on or before May 28 expired by effluxion of time on May 29.
The applicants further prayed the court to declare the offices of the second to fifth defendants vacant and their continued occupation illegal, unconditional, null and void.
In a statement in Owerri, the Imo State capital, Ugochinyere maintained that it was improper for the Nigerian leader to retain the appointees in alleged breach.
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