Posted by By GODWIN TSA Abuja on
Generals Mohammadu Buhari, Ibrahim Babangida, Domkat Bali, Admiral August Aikhomu and Air vice Marshal Ibrahim Alfa have been dragged before an Abuja High Court by a legal practitioner, Mr. Christian Ewere Onwugbonu, who is asking for an order of mandamus, compelling the Federal Government to prosecute the retired military personnel over the 1963 coup.
Generals Mohammadu Buhari, Ibrahim Babangida, Domkat Bali, Admiral August Aikhomu and Air vice Marshal Ibrahim Alfa have been dragged before an Abuja High Court by a legal practitioner, Mr. Christian Ewere Onwugbonu, who is asking for an order of mandamus, compelling the Federal Government to prosecute the retired military personnel over the 1963 coup.
General Buhari is the All Nigeria Peoples Party [ANPP] presidential candidate for the April 2007 general elections.
Also mentioned for prosecution in the consolidated suits are Generals Mohammed Magoro, Ola Oni, M.J. Nasco, Y.Y. Kure and Salihu Ibrahim.
The applicant in his motion exparte, is asking for 'an order for leave to apply for an order of mandamus compelling the DPP to exercise its discretion, one way or the other, with the prosecution of the retired military officers for treasonable felony in respect of the December 31 1983 coup de'tat, and where he declines prosecution, to indicate same by endorsement of a certificate on the information submitted to it by the applicant on August 18 2006."
The trial judge, Justice Lawal Gummi had already granted an order directing the applicant to put the DPP on notice to show cause why the orders being sought by the applicants should not be granted.
Responding to the suit through a preliminary objection, the Federal Government through the DPP is claiming that the Abuja High Court lacked the requisite power to compel, such forced action, adding that the Federal High Court was better positioned for such directive.
The Federal Government did not raise any objection to the prayer of the applicant.
In his arguments, the DPP, Mr. Salihu Aliyu referred the court to the case of NEPA V Sunday Ededero &15 others, 2002 18NWLR Part 798 to buttress his claim that the applicant was seeking the right request at the wrong place. He further submitted that parties were not in doubt and that the right party to be compelled by the court was the DPP.
He, however, said that since he was a functionary of the Federal Government and his office, an agent of the same government, the proper court to seek the prayer for the forced trial was the Federal High Court and not the Abuja High Court.
The applicant subsequently asked the court for an adjournment to reply on point of law, to the submission of the DPP. Further hearing in the matter continues today.