A Federal High Court sitting in Awka, Anambra state, will on 15th, June 2022, commence the hearing of a suit challenging the eligibility of former military heads of state as members of council of state.
An Anambra based constitutional lawyer, Dr. Nwafili Okwuosa, had asked the court to stop Gen. Yakubu Gowon (retd.), Gen. Olusegun Obasanjo (retd.) Gen. Abdusalam Abubakar (retd) from participating, parading and collecting emoluments as members of the council of state.
Joined in the suit are Attorney-General of Federation and Accountant General of the Federation.
According to him, 1999 Constitution of Nigeria does not recognise take over of government in Nigeria by any means not provided for in the said constitution.
He argued that by the provision of section 1 (2) of extant 1999 constitution as amended it is inconsistent for any person to ascend to power through means not provided.
He also said that by the constitution, they are not entitled to life long pension ,emoluments, allowance, peck or whatever called under prevailing order.
He also prayed that the court to order them to refund all money they had collected as members of council of state.
When the case was called for hearing, none of defendants was present.
Reacting, Okwuosa lamented that despite properly serving the defendants, none deemed it fit to respond apart from accountant general of the federation who was represented in the court.