By Cajetan Mmuta
A legal practitioner in Anambra state, Mr. Nwafili Okwuosa has filed an application before the Federal High Court, sitting in Awka the state capital seeking for an order restraining former Military Heads of State from membership of the Council of State meetings.
Joined in the suit are Attorney-General and Minister of Justice and Accountant General of the federation
Nwafili Okwuosa in suit number FHC/AWKCS/27/ 2021 asked 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 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.
Okwuosa told newsmen that he decides to challenge the former military leaders for being members of the council of state because they ascended to power through undemocratic and non 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 .
According to him, “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 step aside. These people are not supposed to be treated as heroes under the constitution they distorted.”
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“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 ” he said.
According to him, allowing them into the council of state is just to legitimise coup making so longer the plotters succeed.”
“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 success even if it is bloody , we will treat you as a hero if you succeed ” he stated.
“if we want them to be there , the Constitution must be amended to accommodate the former military heads, noting that for now the constitution does recognise them as such,” he added.
