Mr. Akinyemi filed the lawsuit at the Federal High Court in Lagos State on July 29, according to court documents obtained.
In addition to Mr. Tinubu, the suit names several respondents, including the Attorney-General of the Federation and Minister of Justice, Lateef Fagbemi; Minister of Finance, Wale Edun; and the Nigeria Customs Service (NCS). Other respondents include the Nigeria Customs Service Governing Board, the Office of the Comptroller General of the NCS, and Mr. Adeniyi himself.
The suit, brought under the Fundamental Rights (Enforcement Procedure) Rules, 2009, as well as relevant sections of the Nigerian Constitution and the Nigeria Customs Service Act, 2023, has yet to receive a hearing date.
Speaking to reporters in Enugu on Tuesday, Akinyemi’s legal team from Newworth LLP stated that the lawsuit addresses the purported extension of Mr. Adeniyi’s tenure beyond August 31, 2025, when it is set to expire. The lead attorney, Ayodele Ademiluyi, emphasized that the court will decide whether Mr. Tinubu possesses the constitutional authority, as outlined in Section 14(1) of the Nigeria Customs Service Act (2023 as amended), to extend Mr. Adeniyi’s tenure after he has begun terminal leave.
Ademiluyi argued that the court must determine if Mr. Adeniyi can legally continue to serve as Comptroller General beyond his exit date without infringing upon citizens’ rights and expectations of due process. He stated that Akinyemi believes Mr. Adeniyi’s continued tenure undermines his rights to life, dignity, and democratic governance.
The suit requests the court to declare any extension of Mr. Adeniyi’s tenure as illegal and unconstitutional, seeking restraining orders against both the President and Mr. Adeniyi from executing or accepting any such extension, along with any other orders the court deems just in maintaining constitutional order and rule of law.
This lawsuit highlights growing concerns about the misuse of executive power in the appointments and tenure extensions of key public officials, often undermining constitutional integrity and public interest. Ademiluyi remarked, “This is not just about one office holder; it’s about preserving legality, transparency, and accountability in our governance.”
He added, “The Customs is a vital institution, and illegality at the top compromises national security, economic stability, and citizens’ trust.”
Background
In 2024, reports indicated plans by Mr. Tinubu and the NCS to extend the service years of 12 senior officers, including Mr. Adeniyi, who were due for retirement. In April, a press release from the State House announced the extension of Mr. Adeniyi’s tenure, but NCS spokesperson Abdullahi Maiwada later refuted the claim, calling it “false and misleading.” He stated that no directive had been communicated to the NCS by the appropriate authorities.
However, on Thursday, President Tinubu approved a one-year extension for Mr. Adeniyi as NCS Comptroller General, with presidential spokesperson Bayo Onanuga stating that the extension would allow Mr. Adeniyi to “consolidate ongoing reforms and complete critical initiatives” of the current administration.
