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Advocacy group sues Buhari, others over tenure elongation for Perm-Secs

An advocacy group has dragged President Muhammadu Buhari and three others before a Federal High Court sitting in Abuja over the extension of tenure of office of seven retiring Permanent Secretaries.

The group, the Registered Trustees of Advocacy for Human rights and equal Opportunity (AHREO) in an Originating summons marked, FHC/ABJ/CS/1427/2019 filed by their counsel, Danshitta Shittu Saheed joined the Secretary to the Government of the Federation, Head of the Civil Service of the Federation and Attorney General of the Federation as Defendants.

Some of the affected ministries are;  Ministry of Interior, Women Affairs, Information and Culture, Agriculture and Rural Development, Foreign Affairs, Water Resources and General Services Office in the Office of the Secretary to the Government of the Federation.

In the filed suit, AHREO is praying the court to declare that by virtue Section 171 (2) of the Constitution of the Federal Republic of Nigeria 1999 (as amended), President Buhari has no power or discretion to elongate or extend the term of office of the seven retiring Permanent Secretaries.

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The group is equally asking the court to declare that the act of President Buhari by extending the tenure of the retiring Permanent Secretaries is ultra-vires, null and void, illegal and of no consequence.

A further 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 later of Section 8 of Chapter 2, Rule 020810 of the Public Service Rules, 2008.

Also, 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.

The group has asked the court for an injunction restraining the retiring Permanent Secretaries from performing any act or functions of their respective offices.

The case has been assigned to Justice Folasade Giwa of the federal high court Abuja, but no date has been fixed for hearing.

Paul Omorogbe

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