Justice Mashkur Salisu of the Federal High Court in Osogbo has granted Osun State lawmaker, Kanmi Ajibola, permission to sue the National Assembly and the 36 State Houses of Assembly for their refusal to amend laws related to corrupt practices in Nigeria.
Ajibola, a former Chairman of the Nigeria Bar Association (NBA) Ilesa Branch, and representative of Oriade State Constituency, has included the Attorney-General of the Federation and his counterparts in the 36 states in the suit.
On Wednesday, Justice Salisu granted all the requested leaves after hearing arguments from Ajibola’s counsel, Barrister Salihu Aliyu, regarding the plaintiff’s standing and the court’s jurisdiction.
One of the orders granted was a Mandamus compelling the respondents to perform their statutory duty of lawmaking by amending the nation’s anti-corruption laws to incorporate capital punishment for public officials who steal public funds.
Ajibola argued that the 1999 Constitution, Money Laundering Act, Corrupt Practices and Other Related Offences Act, Economic and Financial Crimes Commission (EFCC) Act, and the Criminal and Penal Codes should be amended to impose the death penalty on corrupt officials.
The lawmaker also requested the court to order the National Assembly to amend Section 270 of the Administration of Criminal Justice Act and Gazette No. 254, Vol. 110 dated October 4, 2023, to prevent public officials charged with embezzlement from benefiting from plea bargaining.
Ajibola had previously written to Senate President Godwin Akpabio and Speaker of the House of Representatives Tajudeen Abass, giving them 30 days to begin amending the 1999 Constitution and other relevant laws to include the death penalty for corrupt officials.
Following the expiration of this deadline, Ajibola filed an application for Mandamus with a 56-paragraph affidavit, submitting an ex-parte motion pursuant to Order 34 Rule 1 of the Federal High Court and Sections 6(6)(B), 251(1)(P) of the 1999 Constitution.
Justice Salisu ordered that the defendants be served with the commencement of the matter.
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