September 29, 2015
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- Law News
The Abuja Division of the Federal High Court has been asked to nullify recent appointments that President Muhammadu Buhari made without recourse to the Senate.
Specifically, the court was in a suit marked FHC/ABJ/CS/770/2015, prayed to void the appointment of the Chairman of the Federal Inland Revenue Service (FIRS) and that of the Managing Director of the Asset Management Company of Nigeria (AMCON).
The suit was lodged before the high court yesterday by an Abuja based legal practitioner Mr. Maduakolam Igwe.
The plaintiff, is praying the court to set aside the appointments on the premise that they did not pass through screening and confirmation by the senate and are therefore unlawful.
Aside President Buhari, other defendants in the suit are the Attorney-General of the Federation, Chairman of FIRS, Mr. Babtunde Wiliam Fowler and MD of AMCON, Ahmed Lawan Kuru.
Equally joined as defendants in the matter were three other directors that were appointed under President Buhari’s administration, Kola Ayeye, Ebeerechukwu Uneze and Aminu Ismail.
The plaintiff is asking the court to declare that the appointments made by the President without confirmation by the Senate, pursuant to Section 3(2)(a) and 11(a) of the FIRS Act 2007, is illegal, null and void.
He also wants the court to declare that the newly appointed CEOs cannot exercise the functions and duties of CEOs in their respective offices without the confirmation of their appointment by the Senate.
In an affidavit hour deposed in support of the suit, the plaintiff averred: “That I know as a fact that the defendants appointment must be subjected to the confirmation of the senate before they can assume duties.
“That I know as of fact that one of the cardinal principle and policy of the present administration of the 1st defendant is anchored on the rule of law and respect for statutory provision and the 1999 Constitution as amended”.
Meantime, no date has been fixed for hearing of the suit which is yet to be assigned to any judge.
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