Justice Mashkur Salisu of a Federal High Court, sitting in Osogbo has granted Osun State lawmaker, Kanmi Ajibola, the leave to sue the National Assembly and the 36 State Houses of Assembly over their refusal to amend the laws relating to corrupt practices in Nigeria.
Ajibola, who is a former Chairman of the Nigeria Bar Association, NBA, Ilesa Branch, represents Oriade State Constituency. He joined the Attorney-General of the Federation and his counterparts in the 36 states in the suit.
Giving the order of Mandamus on Wednesday, Justice Salisu granted all the leaves sought by Ajibola after listening to the arguments of his counsel, Barrister Salihu Aliyu, on the plaintiff’s locus standi and the jurisdiction of the court to entertain the matter.
One of the leaves granted was an Order of Mandamus compelling the respondents to perform their statutory duty of law making by the way of commencing the amendments of the nation’s anti-corruption laws to incorporate capital punishment against public officials that steal public funds.
Ajibola pointed out the 1999 Constitution, Money Laundering, Corrupt Practices and Other Related Offences, and the Economic and Financial Crimes Commission Acts and the Criminal and Penal Codes should be amended to give room for death penalty against any corrupt official.
The lawmaker asked the court to order “that the National Assembly should also commence the amendments of Section 270 of the Administration of Criminal Justice Act, and Gazette No. 254, Vol. 110 dated the 4th day of October 2023 and Other Related Laws that will deprive the Public Officials of standing trial on charges of swindling the public funds, from the benefits of Plea Bargaining”.
The lawmaker had initially written to the Senate President, Godwin Akpabio and the Speaker of the House of Representatives, Tajudeen Abass, giving them 30 days to commence the amendment of the 1999 Constitution and other extant laws that will provide for death penalty for corrupt public officials.
After the expiration of the deadline, Ajibola approached the court with an application of Mandamus attached with 56 paragraphs affidavit by filing ex-parte motion in pursuant of Order 34 Rule 1 of the Federal High Court and Sections 6 (6) (B), 251 (I) (P) of the 1999 constitution.
Justice Salisu ordered that the defendants be served for the commencement of the matter.