A civil society organisation, Advocacy for Human rights and equal Opportunity, has dragged President Muhammadu Buhari to court for extending the tenure of some retiring permanent secretaries.
Other defendants in the suit which is asking the Federal High Court in Abuja to nullify the President’s action are; the Secretary to the Government of the Federation, Head of the Civil Service of the Federation and the Attorney General of the Federation.
In the suit marked, FHC/ABJ/CS/1427/2019, filed through its counsel, Danshitta Shaheed, the group identified the concerned Permanent Secretaries as those deployed in the Federal Ministry of Information and Culture, Federal Ministry of Women Affairs, Federal Ministry of Interior, 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.
Some of the reliefs sought by the plaintiff are; a declaration that by virtue of 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.
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A declaration 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”,
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 letter of Section 8 of Chapter 2, Rule 020810 of the Public Service Rules, 2008”,
A declaration that “all acts or functions performed by the retiring Permanent Secretaries from the dates of their respective retirement be declared illegal, null and void” and,
An order of injunction restraining the retiring Permanent Secretaries from performing any act or functions of their respective offices.