The Federal High Court, Ikoyi, Lagos, presided over by
the Honourable Justice Hassan, has declined jurisdiction to entertain the case
challenging the appointment of Col Hameed Ali, Rtd, as the Comptroller General
of the Nigeria Customs Service. The case was instituted by human rights
activist, Ebun-Olu Adegboruwa, in November 2015, to challenge the appointment of
Col Ali as the comptroller general of the Nigeria Customs Service, by Gen
Muhammadu Buhari Rtd.
The case seeks the interpretation of the court as to
whether the President could appoint anyone as comptroller general of customs
without complying with section 3 of the Official Gazette of the Federal
Republic of Nigeria made on 25th March 2002, wherein it was
stipulated that only those within the rank of Deputy Comptroller General of
Customs can be elevated as substantive Comptroller General. Adegboruwa then
asked the court to nullify the appointment.
In response to the case, the Nigeria Customs service
filed a preliminary objection dated 29th April, 2016,
challenging the locus standi of the applicant to file and maintain the suit.
The customs service contended further that Adegboruwa’s suit was a mere
academic exercise raising hypothetical questions that the court should not
entertain.
The court heard arguments from counsel to the parties
on 15th June 2016 and adjourned for to September 16, 2016, for
judgment.
During today’s proceedings, Mr Adegboruwa appeared in
person whilst the respondents, Gen Muhammadu Buhari and the Attorney General of
the Federation, were absent and unrepresented.
In its judgment, the court held that the President is
empowered under section 5 of the 1999 Constitution, to exercise all executive
powers, either by himself directly or through officers delegated for that
purpose. The court held further that under section 171 of the same
Constitution, the President is empowered to appoint public officers and thus,
the appointment of Col Hameed Ali, was validly made and same will stand in law,
notwithstanding any non compliance with any existing gazette to the contrary.
It was the view of the court that although it was
satisfied that Mr Adegboruwa merited the qualities narrated in his affidavit to
qualify him to institute the action in court, but he has not shown sufficient
or special interest that robes him with the requisite locus standi to maintain
the action, not being a customs officer himself and having not shown any way in
which he has been or would be affected by the appointment.
The Court stated that the case of Senator
Abraham Adesanya v President, FRN, is still the locus classicus
on issue of locus standi and that it would not agree with Mr Adegboruwa that
the latter case of Chief Gani Fawehinmi v President, FRN, has
opened the floodgate for citizens to challenge all government actions. The
court then upheld the preliminary objection of the respondents and struck out
the case without any order as to costs.
Responding, Mr Adegboruwa commended the wisdom of the
learned judge and stated that he filed the case upon his conviction that all
the actions of our leaders must conform with law and due process. He pleaded
with the judge to assist in furnishing copies of the judgment to the parties.
The judge commended Mr Adegboruwa for his boldness and
the initiative of filing the suit, stating that society needs people like him
to keep the government on its toes.
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Politics