Nwafili Mark Okwuosa Esq, a private legal practitioner in Onitsha, Anambra State and Human Rights, Constitutional cum Political Rights crusader has again filed a suit challenging the continued membership of past Military Heads of State as members of Council of State and the continued pension cum emoluments they enjoy as former Head of State.
In an Originating Summons with Suit No: FHC/CS/AWK/CS/114/2017 dated 7th September, 2017, Nwafili Okwuosa Esq is suing GEN. Yakubu Gowon(RTD), GEN. Olusegun Obasanjo (RTD), GEN. Ibrahim Babangida (RTD), Chief Ernest Shonekan, GEN. Abdulsalami Abubakar (RTD), Attorney General of the Federation and the Accountant General of the Federation as 1st to 7th Defendants respectively.
Nwafili in the suit is urging the Federal High Court in Awka to hold that coup is not part of the ways of assuming office as the President in a democracy under the Nigerian Constitution.
He argue that by virtue of the provisions of the extant constitution of the Federal Republic of Nigeria, it is wrong legally to continue to allow the 1st , 3rd and 5th Defendants to continue to attend Council of State meeting and enjoy pensions due to ex Head of State.
He is also seeking an order directing the 1st, 3rd-5th defendants to refund pensions and emoluments collected in that regard, with respect to the 2nd defendant, Nwafili is asking Court to order that he return what he collected under the 1979 Constitution in that regard.
Other prayers are:
An order of Court asking the ex Military Rulers sued to apologize to the nation publicly for their abysmal infraction of the Constitution.
An order barring the 6th and 7th defendants from inviting the Past Military Heads of State to Council of State meeting cum paying them such emoluments.
An order restraining the ex Military Rulers from further parading themselves as heads of State as stated above.
It would be recalled that Nwafili had recently filed similar suit against the Nigerian Army challenging the constitutional consistency of the Nigerian Army having its motto expressed in Arabic on its logo.
It would be interesting to find out how the suits would be decided.
Culled from Jose Mourinho Ifeanyi Agwuncha
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