Akwa Ibom Lawyer Drags Buhari To Court For delaying Ministerial appointment

Legal action has been instituted against President Muhammadu Buhari at the Federal High Court  by Chief Anselem Eyo, a member of the defunct 1994/1995 Constitutional Conference, over the former’s non appointment of persons into the offices of the Ministers of the Government of the Federation.

Eyo is seeking the relief of the court for order of mandamus compelling the president to carry out the responsibility expected of him as enshrined in Section 147 of the Constitution of the Federal Republic of Nigeria, as amended.

According to motion on notice deposed to the Federal High Court at the Uyo Judicial Division by his counsels, Zach Okoronkwo, Idongesit Adams, Samuel Shodipo and Utomo Essien, the matter with suit number FHC/UY/CS/1118/2015 is brought pursuant to Order 34 Rule 5 of the Federal High Court (Civil Procedure) Rules as well as the inherent jurisdiction of the court.

Eyo, who is also a legal practitioner, averred that the president’s failure to put in place his cabinet officials since May 29, 2015 that he was sworn in “has indeed impeded government functions in all the ministries particularly, the Ministry of Justice where there is presently no Attorney General of the Federation to discharge critical functions that cannot be howsoever delegated”.

Eyo also stated that the absence of the Attorney General of the Federation since May 29, 2015 “has created a conspicuous vacuum in the justice sector as the constitutional duties that are exercisable only by the Attorney General and Minister of Justice of the Federation is not there to regulate the enforcement of laws particularly the very relevant Administration of Justice Act which seeks to speed-up trial of innocent citizens languishing in custody across the nation”.

He added that the president is “arbitrarily disbursing funds from the Federation Account without the approval of the Federal Executive Council as stipulated by law.”

The applicant contended that the president action is running foul of Sections 147(1), (2), (3); 148 and 150 of the 1999 Constitution of the Federal Republic of Nigeria, as amended.

In the meantime, Justice Ijeoma Ojukwu has granted the applicant motion exparte to enable him apply for an order of mandamus compelling the respondent to execute the responsibility imposed on him by the Constitution, and leave of the court for the applicant to serve the respondent with all the processes in the suit.

Further consideration on the matter is adjourned till October 12, 2015.