Agbakoba asks court to disqualify Buhari from holding office as Petroleum Minister

Peter Fowoyo

Former President of the Nigerian Bar Association (NBA), Dr. Olisa Agbakoba SAN, on Monday sued the Federal Government at a Federal High Court, Abuja asking it to declare that section 138 of the constitution disqualifies the President (Muhammadu Buhari) from holding the office of Minister of Petroleum Resources, which is an executive office.

Joined as defendant in the suit is the Attorney General of the Federation.

In an originating summons brought pursuant to Order 3, Rules 1, 6, and 9(1) of the Federal High Court Civil Procedure Rules; Sections 1(1) & (2), 138 and 147(2) of the constitution, the claimant asked the court for an order restraining the President from continuing to hold the office of Minister of Petroleum Resources, while in office as the President of Nigeria.

Specifically, the claimant asked the court for an order declaring that by virtue of Section147(2) of the 1999 Constitution, the President purporting to hold the office of the Minister of Petroleum Resources, cannot lawfully do so without confirmation by the Senate of the National Assembly.

Besides, Agbakoba asked the court for an order restraining the President from continuing to hold the office of Minister of Petroleum Resources.

Meanwhile the matter has not been assigned to any judge for mention.