By Cajetan Mmuta
An Anambra State-based legal practitioner, Mr. Nwafili Okwuosa, has filed an application before the Federal High Court, sitting in Awka, seeking for an order restraining former military heads of state from membership of Council of State meetings.

Joined in the suit are the Attorney-General of the Federation (AGF) and Minister of Justice, Abubakar Malami, and Accountant General of the Federation.

Okwuosa, in suit number FHC/AWKCS/27/ 2021, asked the court to stop Generals Yakubu Gowon, Olusegun Obasanjo and Abdusalam Abubakar (all retired), as well as former head of Interim Government, the late Chief Ernest Shonekan, from participating and collecting emoluments as members of the council.

He prayed that the court should declare the membership and benefits accruing to the stated statesmen as members of the council of state 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.

Okwuosa told newsmen that he decided to challenge the former military leaders for being members of the council of state because they ascended to power through an undemocratic and non-constitutional process.
According to him, ascending to power through military coup was not part of constitutional provisions that made one member of the council of state.

2023: No sacrifice is too much to kick out APC, PDP, says NRM

“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.”

“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,” he stated.

He, however, added, “If we want them to be there, the constitution must be amended to accommodate the former military heads. But, for now, the constitution does recognise them as such.”