Tenure Extension: Activist drags Tinubu, others through court
A human rights activist and public intellectual, Dr. Bolaji O. Akinyemi, has filed a suit at the Federal High Court in Lagos, challenging the legality of the tenure extension of Bashir Adewale Adeniyi, Comptroller General of Customs, by President Bola Tinubu.
The suit, marked FHC/L/CS/1495/2025, questions the constitutional authority of the President to extend Adeniyi’s tenure beyond May 5, 2025, when his statutory term ended.
The suit brought pursuant to the Fundamental Rights (Enforcement Procedure) Rules, 2009, and relevant sections of the 1999 Constitution of the Federal Republic of Nigeria (as amended) and the Nigeria Customs Service Act, 2023, was filed by a team of human rights lawyers led by Ayodele Ademiluyi Esq., alongside Nike Arogundade Esq., Olumide Sonupe Esq., and others of Newworth LLP.
Joined in the suit are the President of the Federal Republic of Nigeria, Attorney General of the Federation, Minister of Finance, Nigeria Customs Service, Nigeria Customs Service Governing Board, the Office of the Comptroller General of the Nigeria Customs and Excise Services and Bashir Adewale Adeniyi, Comptroller General of Customs, as the 1st to 7th Respondents respectively.
Akinyemi’s counsel, in the suit which commenced through the way of originating summons, argued that the president’s action undermines constitutional order, institutional integrity, and public interest
The applicant raised two issues for the court’s determination: “Whether the president has the constitutional or statutory authority under Section 14(1) of the Nigeria Customs Service Act (2023 as amended) to extend the tenure of Mr. Adeniyi after he proceeds on terminal leave.
“Whether Mr. Adeniyi can legally continue to act in the capacity of Comptroller General beyond his exit date without violating the rights and due process expectations of Nigerians, particularly Dr. Akinyemi, who claims this impinges on his right to life, dignity, and democratic governance.”
The applicant, however, seeks, among others, if the issues formulated for determination were in the affirmative, “judicial declarations that any such extension or continued stay in office is illegal and unconstitutional.”
The applicant also seeks “restraining orders barring both the President and Mr. Adeniyi from executing or accepting any such tenure extension” and “any further orders the court may deem fit to make in the circumstances of the case for the interest of constitutional order and rule of law”.
This suit underscores a growing concern over the abuse of executive powers in the appointment and tenure elongation of key public office holders, often at the expense of the Constitution, institutional integrity, and the public interest.
Akinyemi, speaking through his counsel, emphasised that “this is not just about one office holder—it is about preserving legality, transparency, and accountability in the governance of our nation.”
“Customs is a vital institution, and illegality at the top compromises national security, economic stability, and citizens’ trust,” he said.
In April, the NCS denied the extension of Adeniyi’s tenure, saying that President Bola Tinubu, who has the authority to do so had not communicated it to the organisation.
National Public Relations Officer, Abdullahi Maiwada, said: “For the avoidance of doubt, appointments and tenure extensions for the position of Comptroller-General of Customs are made solely at the discretion of the President and Commander-in-Chief of the Armed Forces, in line with the provisions of the Nigeria Customs Service Act 2023 and other relevant regulations governing public service appointments.
“As of this moment, no such directive has been communicated to the NCS by the appropriate authorities.”
