An Onitsha-based legal practitioner, Mr. Nwafili Okwuosa, has asked a Federal High Court, sitting in Awka, Anambra State, to stop the former military heads of state from being members of council of state.
Joined in the suit are Attorney-General of Federation and Accountant General of the Federation
Okwuosa in a suit number FHC/AWKCS/27/ 2021 prayed the court to stop Gen. Yakubu Gowon (retd.), Gen. Olusegun Obasanjo (retd.) Gen. Abdusalam Abubakar (retd) and 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 of state as illegal and unconstitutional .
Okwuosa also prayed that the court should stop the former military leaders and their families from benefiting anything from the nation’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 20th May 2022.
Speaking to news men shortly after the court session, Okwuosa said he is challenging the former military leaders of being members of the council of state because they ascended to power through undemocratic and constitutional process.
According to him, ascending to power through military coup was not part of constitutional provision that make one member of council of state.
He said, “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 council of state. The constitution does not say they should be treated as former leaders.”
According to him, allowing them into the council of state is just to legitimise coup.
He added, “If that is what we are saying we should apologize 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 a success even if it is bloody, we will treat you as a hero if you succeed.”
According to him, if the former military rulers must remain in the council of state, the constitution must be amended to recognise them.
