 |
| Tinubu, Ibrahim, Akpabio. |
A civil society organisation, the Incorporated Trustees of the Association of Legislative Drafting and Advocacy Practitioners (ALDRAP), has lodged an Originating Summons at the Federal High Court in Abuja challenging Senator Jimoh Ibrahim’s continued occupation of his senatorial seat after his appointment as Nigeria’s Ambassador and Permanent Representative to the United Nations.
In Suit No. FHC/ABJ/CS/640/2026, ALDRAP names
four defendants: (1) the President of the Federal Republic of Nigeria, (2) the
Senate President, (3) Distinguished Senator Jimoh Ibrahim, and (4) the
Independent National Electoral Commission (INEC).
The group is asking the court to determine
four key constitutional and legal questions:
- Whether Senator Ibrahim’s refusal to tender his letter of
resignation from the Senate since his confirmation as Ambassador in
December 2025 violates the doctrine of separation of powers enshrined in
Sections 4, 5 and 6 of the 1999 Constitution (as amended).
- Whether the Senate President was constitutionally required to
declare the senator’s seat vacant immediately upon his confirmation as
Ambassador, given the prohibition against holding offices in both the
legislative and executive arms of government.
- Whether the ongoing recognition of Senator Ibrahim as Nigeria’s
Ambassador without first resigning from the Senate breaches Articles 9 and
31 of the Vienna Convention on Diplomatic Relations, 1961, as well as
Senate Standing Orders 18 and 19 of 2023.
- Whether INEC was under a constitutional and statutory obligation to
immediately set a date for a bye-election to fill the alleged vacant
senatorial seat.
The plaintiff is seeking sweeping declaratory
and injunctive reliefs, including:
- A declaration that Senator Ibrahim’s failure to resign constitutes
a breach of the separation of powers.
- A declaration that his senatorial seat became vacant automatically
upon his confirmation as Ambassador in December 2025.
- An order compelling the Senate President to forthwith declare the
seat vacant.
- A declaration that any continued recognition of Senator Ibrahim as
Ambassador without resignation is unconstitutional and contrary to
Nigeria’s international obligations.
- An order directing INEC to announce and conduct a bye-election to
fill the vacant seat.
In the 19-page court document (including the
supporting statement of facts), ALDRAP argues that Nigeria operates a
presidential system based on strict separation of powers, and that a sitting
senator cannot concurrently hold an executive position such as ambassador. The
group maintains that Senator Ibrahim’s confirmation as ambassador in December
2025 automatically necessitated the vacating of his legislative seat, yet
neither he nor the Senate leadership has taken any action accordingly.
The statement of claim further asserts that
the failure of the Senate President to declare the seat vacant constitutes a
neglect of constitutional duty, while INEC’s inaction deprives the constituents
of the senator’s district of their right to representation.
The suit, filed today and paid for at the
Federal High Court registry (receipt number 321450175191), is brought pursuant
to Sections 1(1) and (3), 4, 5, 6, 66(1)(a), 68(1), and 251 of the
Constitution, as well as the court's inherent jurisdiction.
No date has yet been fixed for the hearing.
0 Comments
DISCLAIMER
The views and opinions expressed on this platform as comments were freely made by each person under his or her own volition or responsibility and were neither suggested nor dictated by the owners of News PLATFORM or any of their contracted staff. So we take no liability whatsoever for such comments.
Please take note!