A civil society organisation, Advocacy for Human rights and
equal Opportunity, on Wednesday, asked the Federal High Court in
Abuja to nullify the elongation of the tenure of some retiring
Permanent Secretaries by President Muhammadu Buhari.
The plaintiff joined as defendants, Buhari, the Secretary to the
Government of the Federation, Head of the Civil Service of the
Federation and the Attorney General of the Federation.
The group filed the suit marked FHC/ABJ/CS/1427/2019, through
its counsel, Danshitta Saheed.
The plaintiff listed the concerned Permanent Secretaries as
those deployed in the Federal Ministry of Interior, Federal
Ministry of Women Affairs, Federal Ministry of Information and
Culture, Federal Ministry of Agriculture and Rural Development,
Ministry of Foreign Affairs, Federal Ministry of Water Resources
and General Services Office in the Office of the Secretary to the
Government of the Federation.
AHREO prayed, among others, for a declaration that by virtue
Section 171 (2) of the Constitution of the Federal Republic of
Nigeria 1999 (as amended), Buhari had no power or discretion to
elongate or extend the term of office of the seven retiring
Permanent Secretaries.
It equally asked the court to declare that the act of the
President extending the tenure of the retiring Permanent
Secretaries “is ultra-vires, null and void, illegal and of no
consequence”.
It also sought a declaration that “the continuance being in
office of the retiring Permanent Secretaries from the date they are
due for retirement is illegal, unconstitutional and is against the
spirit and later of Section 8 of Chapter 2, Rule 020810 of the
Public Service Rules, 2008.”
The plaintiff also sought “a declaration that all acts or
functions performed by the retiring Permanent Secretaries from the
dates of their respective retirement be declares illegal, null and
void”.
The group asked the court to issue an order of injunction
restraining the retiring Permanent Secretaries from performing any
act or functions of their respective offices.
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