A Federal High Court sitting in Kano State on Tuesday struck a suit seeking the sack of Tunde Fowler as the Chairman of the Federal Inland Revenue Service (FIRS).
The case instituted by a legal practitioner, Stanley Okwara, was thrown out by the court on the ground that the lawyer has no locus standi to institute it.
Okwara had sued Fowler praying among others, an order of court restraining him from further functioning as FIRS Chief Executive Officer.
He argued that the tenure of office of the defendant had expired since August 20 and has not been renewed by President Muhammadu Buhari.
The plaintiff also prayed the court to declare that the tenure of Fowler expired since August and that he should be made to refund all monies and allowances to the national treasury.
Okwara further demanded that the defendant be ordered to swear to an affidavit to confirm refund of public funds unlawfully collected from August till date.
However, Fowler through his counsel, Paul Erokoro, SAN, raised preliminary objection to the suit on the ground that the plaintiff has no locus standi to file the case.
Among others, Fowler contended that the suit did not disclose any cause of action and that the plaintiff did not also disclose any injury or damages he personally lost.
Justice Lewis-Allagoa in his ruling on the objection upheld the submission of of the defendant counsel.
The judge agreed that the plaintiff, through his counsel, Johnmary Jideobi, did not show how the disputed issue affected him more than any other Nigerians.
Justice Allagoa faulted the plaintiff suit due to the failure to show pre-action notice as required by law.
He, therefore, held that the suit was incompetent, frivolous, lacking in merit and substance and struck it out.
