The Federal High Court in Abuja Tuesday dismissed a suit filed to challenge the removal of Justice Danladi Yakubu Umar as chairman of the Code of Conduct Tribunal (CCT), following a formal notice of withdrawal by the plaintiffs.
The plaintiffs; Community Rescue Initiative, Toro Concerned Citizens of a Relief Foundation, and Abuja-based lawyer, Comrade Nasir Bala, had jointly instituted the suit against President Bola Ahmed Tinubu, the Attorney-General of the Federation and Minister of Justice, Lateef Fagbemi (SAN), President of the Senate, Godswill Akpabio, and six others.
The Senate had in November asked President Tinubu to sack Danladi Umar as CCT chairman over allegations of corruption and misconduct.
The upper chamber adopted its resolution during the plenary after Akpabio put it to a vote, and a majority of the senators supported it.
The resolution was taken in accordance with the provisions of Section 157 (1) of the Nigerian Constitution, which stipulates that two thirds of the membership of the Senate can advise the president to remove the CCT chair.
The Senate subsequently approved the resolution.
In the suit by the plaintiffs, they sought to restrain the Clerk of the National Assembly from transmitting the resolutions of the Senate and House of Representatives to the president, as well as halt any attempt by the executive to act on the resolution purportedly removing Justice Umar from office.
But at the resumed hearing of the matter, Tuesday, counsel to the plaintiffs informed the court, presided over by Justice James Omotosho, of their decision to discontinue the matter.
A formal notice of withdrawal had already been filed and brought to the court’s attention.
Justice Omotosho consequently dismissed the case.
The plaintiffs had earlier contended that the National Assembly acted in breach of constitutional provisions, particularly Sections 157(1) and 22(3) of the Code of Conduct Bureau and Tribunal Act as well as relevant paragraphs of the 1999 constitution, in recommending Umar’s removal.