An Anambra-based lawyer, Mr Nwafili Okwuosa, has asked a Federal High Court sitting in Awka to remove former military Heads of State from membership of the Council of State.
Joined in the suit are the Attorney-General of Federation and Accountant-General of the Federation.
In a suit number FHC/AWKCS/27/ 2021, Okwuosa prayed the court to stop former Heads of State – Yakubu Gowon, Olusegun Obasanjo, Ibrahim Babangida, Abdusalam Abubakar as well as Chief Ernest Shonekan, from participating and collecting emoluments as members of the Council of State.
He prayed that the court should declare their membership and benefits accruing to them as members of the Council as illegal and unconstitutional.
Okwuosa also prayed that the court should stop the former military leaders and their families from benefiting anything from the country’s resources as former leaders, since they were not elected by the people of Nigeria through constitutional means.
After hearing the prayers, the presiding judge, Justice Nnamdi Dimgba, adjourned the case to May 20, 2022.
Speaking shortly after the court session, Okwuosa said he was challenging the former military leaders of being members of the Council of State because they ascended to power through undemocratic and unconstitutional processes.
According to him, ascending to power through military coup was not part of the constitutional provision that makes one a member of Council of State.
“My position is very clear; they were in the military, took over power and ruled the country until they were tired, and for whatever reason stepped aside. These people are not supposed to be treated as heroes under the Constitution they distorted.
“The extant constitution we are running does not make provision recommending that they be members of the Council of State. The Constitution does not say they should be treated as former leaders,” he said.
According to him, allowing them to remain members of the Council would mean that the nation supported coup plotters.
“If that is what we are saying, we should apologise to those coup plotters that were executed when they failed. It means they were killed unjustly simply because they failed in their coup plot.
“We are recognising and legitimising coup plotting by allowing them to be in the Council of State.
“The message we are passing to the young military officers is that, if you want to plot a coup, make it successful even if it is bloody; we will treat you as a hero if you succeed,” he said.
According to him, if we want them to be there, the Constitution must be amended to accommodate the former military heads, noting that for now the Constitution does recognise them as such.
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