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In response to recent allegations of a coup attempt to overthrow the present democratic government and forcibly remove elected officials, including President Bola Tinubu, Kanmi Ajibola, a member of the Osun State House of Assembly, has taken the Nigerian military to court.
In his lawsuit, which was filed on Thursday, October 30 at the Federal High Court in Osogbo, Osun State, Ajibola, a lawyer and former chairman of the Nigeria Bar Association, NBA, Ilesa Branch, named the Attorney-General of the Federation, the Nigerian Army, the Air Force, and the Navy as defendants.
In his 23-paragraph statement that was attached to his original summons, the activist’s main point of contention was that “there is nowhere in the Constitution or any Act of Armed Forces Act and any other Act of the National Assembly where the military is empowered to take over civil rule.”
While outlining five questions for the court to decide, the politician, speaking on behalf of the Oriade State Constituency, stated that “Section 217 (2) of the 1999 constitution which listed the functions of the first three defendants was clear, saying there was nowhere stated that in their capacities to either by their officers or personnel perform, act or engage in any duty or duties contrary to those functions spelt out.”
He also noted that “the military is under compulsion to obey Sections 1 (2), 150 and 217 of the 1999 Constitution and Section 1 (3 to 5) of the Armed Forces Act and therefore ask the court to permanently ban the nation’s armed forces from forcefully taking over power, governance and control of Government of Nigeria by the way of coup d’etat or by any other means unknown to the Nigerian Constitution.”
In his signed statement, Ajibola, who detailed the constitutional duty of the military forces, remarked that the recent reported purported coup attempt was a bad omen and a slap on the face of all true democrats who battled for the enthronement of democracy in Nigeria.
The legislator stated that he is sure that the military who are suspected of being involved in the coup “are still under the wrong knowledge that they can forcefully take over power, governance and control of government of Nigeria by the way of coup d’etat.”
He went on to say that he has the right to bring the military forces before the court since he is a lawyer and a Nigerian who has performed his civic duties.



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