Justice Sule Hassan of the Federal High Court in Lagos has struck out a suit challenging President Muhammadu Buhari’s appointment of Hameed Ali as the comptroller-general of Nigeria Customs Service.
But the plaintiff, activist-lawyer Ebun-Olu Adegboruwa, vowed to appeal the verdict.
Adegoruwa challenged Ali’s appointment on the basis that it it was illegal to appoint a retired colonel as Customs chief.
He urged the court to determine whether the President can appoint anyone as comptroller-general of Customs without complying with Section 3 of the Official Gazette of the Federal Republic of Nigeria made on March 25, 2002.
He said the gazette stipulated that only those within the rank of deputy comptroller-general of Customs could be elevated as substantive comptroller-general.
Adegoruwa prayed the court to nullify the appointment.
But the Customs filed a preliminary objection challenging Adegboruwa’s legal right (locus standi) to sue.
Justice Hassan held that the President is empowered under Section 5 of the 1999 Constitution to exercise all executive powers, either by himself directly or through officers, delegated for that purpose.
The court held further that under Section 171 of the Constitution, the President can appoint public officers and thus, the appointment of Col Ali was validly made and will stand in law, notwithstanding any non-compliance with any existing gazette to the contrary.
The judge noted that although Adegboruwa merited the qualities narrated in his affidavit, he has not shown sufficient or special interest that robs him with the requisite locus standi to maintain the action, not being a Customs officer and having not shown any way in which he has been or will be affected by the appointment.
The court upheld the preliminary objection of the respondents, and struck out the case without any order as to costs.