An Anambra State-based constitutional lawyer, Dr Nwafili Okwuosa, in a suit number FHC/AWKCS/27/ 2021, prayed the high court to stop General Yakubu Gowon, General Olusegun Obasanjo, General Abdusalami Abubakar, and Chief Ernest Shonekan from participating, parading and collecting emoluments as members of the Council of State.

Joined in the suit are the Attorney-General of the Federation and Accountant-General of the Federation.

According to him, the 1999 Constitution, as amended, did not recognise the takeover of government in Nigeria by any means not provided for in the said constitution.

He argued that by virtue of the provision of Section 1(2) of the 1999 Constitution, it is inconsistent for any person to ascend to power through means not provided.

Okwuosa stated that according to the Constitution, the former military Heads of State are not entitled to lifelong pension, emoluments, allowance, perks or whatsoever under the prevailing order.

He also prayed the court to order them to refund all they have collected as members of the Council of State. Okwuosa also prayed the court to order them to apologise to Nigerians for foisting themselves on the country. He further prayed the court to stop the Attorney General of the Federation from inviting them to the Council of State meeting.

When the case was called for hearing, none of the defendants was present.

Reacting, Okwuosa lamented that despite properly serving the defendants, none of them deemed it fit to respond, apart from the Accountant General of the Federation represented in the court.

In the absence of anybody representing the Attorney General of the Federation, Arunchi Worlu, who represented the Attorney-General for a different case, was asked to take over.

She said she was not briefed but would report back to the office for appropriate action.

After hearing the prayers, the presiding judge, Justice Nnamdi Dimgba, adjourned the case to June 15, 2022, for hearing and ordered the plaintiff to serve the defendants with pre-notice information.

Speaking in an interview with Trust Television on Saturday night, the former Head of State said ahead of the forthcoming 2023 general elections, he expected more maturity and understanding from the politicians than just seeking power, noting that a lot of politicians and leaders had not met the people’s expectations.

He stated, “Yes, there are some challenges in leadership but you know politics is a dirty game. And I think we are playing dirty politics in this country. My prayer is that our politicians and the electorate are aware that their actions or inaction could mar this country. We have a lot of problems; people do anything in order to be elected and unfortunately, the electorate sell their liberty. They become enticed by mere talks and worldly gifts and so on. I hope we will now wake up and do the right thing, which we know is right, to elect people we trust that can really look after us and deliver governance as it should be. But quite honestly, regardless, we could have done better than what we are doing. It is our collective leadership and I think all leaders should try to see what roles they can play in providing this leadership and governance. Also, we the citizens, as much as possible should try to engage the people we elected to deliver. We should not become praise singers and become subservient to people because they are in authority. We should be bold enough to tell our leaders, look, here you have done the right thing and here we think you should improve. But unfortunately, all of us just sit down and start complaining through social media and reckless statements. I pray our leaders also listen and see things the way they are in order to help them in governing us”