In the suit filed through his lawyer, Abba Hikima, the travel agent claimed that Mohammad had already spent two terms of four years each permissible by the NAHCON (Establishment) Act 2016.
Hikima said by virtue of Section 5 of the NAHCON (Establishment) Act, 2016, Mohammad could not be in office beyond eight years.
The travel agent accused the Secretary to the Government of the Federation, Boss Mustapha, of causing the President to violate the law by extending Mohammad’s tenure.
Listed as the 1st to 5th defendants respectively in the suit are NAHCON, Mohammad, the President, the SGF and the Attorney General of the Federation.
In an affidavit filed in support of the suit, the Hikima’s colleague, Ibrahim AlHassan, said, “The 4th defendant (SGF), on the 26th March 2019, vide a memo sent to the 3rd defendant (President), sought the 3rd defendant’s approval to extend the tenure of the 2nd defendant (Muhammad) by six months against the clear provision of the NAHCON Act.
“On the May 13, 2019, the 3rd defendant thereupon through the 4th defendant purportedly invoked his powers pursuant to Section 171 of the constitution of the Federal Republic of Nigeria of 1999 (as amended) to extend the tenure of the 2nd defendant by six months in acting capacity.
“The action of the President, the 3rd defendant amounts to an unlawful interference in the administration and management of the commission and it is illegal and unlawful.”
The plaintiff said Muhammad’s alleged illegal continued stay in office would directly affect the activities of his company, Mumtazam Travel Agency, Kano State.
He urged the court to mandate Muhammad to vacate office forthwith “having overstayed his lawful tenure in office as chairman of the 1st defendant.”
He also prayed the court to direct Buhari to appoint a fit and proper person as NAHCON’s chairman in line with the provisions of the law.
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