Human rights activist and public affairs advocate, Dr. Bolaji Akinyemi, has filed a lawsuit at the Federal High Court in Lagos to challenge the legality of the tenure extension granted to the Comptroller-General of Customs, Bashir Adewale Adeniyi, by President Bola Ahmed Tinubu.
The suit, registered as FHC/L/CS/1495/2025, is a constitutional action brought under the provisions of the 1999 Constitution (as amended), the Fundamental Rights (Enforcement Procedure) Rules 2009, and relevant clauses of the Nigeria Customs Service Act, 2023. The legal action questions the propriety of allowing Mr. Adeniyi to continue in office beyond his official retirement date of May 5, 2025.
According to the originating summons filed by Dr. Akinyemi’s legal counsel, Newworth LLP, the key respondents in the case include President Tinubu; the Attorney General of the Federation and Minister of Justice, Mr. Lateef Fagbemi; the Minister of Finance, Mr. Wale Edun; the Nigeria Customs Service; its governing board; the Office of the Comptroller-General of the Customs and Excise Services; and Mr. Adeniyi himself.
In a press briefing held in Enugu on Tuesday, the claimant’s legal team outlined the constitutional questions raised by the suit. Primarily, the plaintiff seeks judicial clarification on whether the President possesses the legal authority under Section 14(1) of the Nigeria Customs Service Act (2023) to extend the tenure of a Customs Comptroller-General who has already proceeded on terminal leave.
The suit also challenges the continued stay in office by Mr. Adeniyi after the expiration of his statutory term, asserting that it violates not only the Customs Act but also infringes on citizens’ fundamental rights to democratic governance, transparency, and institutional accountability.
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“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—especially Dr. Akinyemi—is a central question before the court,” the claimant’s lawyer said.
Dr. Akinyemi’s legal representatives are seeking the following reliefs from the court:
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A judicial declaration that any extension or continued stay in office by Mr. Adeniyi beyond May 5, 2025, is illegal, unconstitutional, and null and void.
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An order restraining both the President and Mr. Adeniyi from executing or accepting any tenure extension.
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Any additional orders the court may deem necessary to uphold constitutional governance and rule of law.
The lawsuit, the claimant argues, is about more than just one official. “This case addresses a larger constitutional principle—the growing trend of executive overreach in extending the tenure of public officials without legal basis,” Newworth LLP stated. “Such acts pose significant risks to the institutional independence, integrity, and trust required for effective public administration.”
Adeniyi was first appointed by President Tinubu as Comptroller-General of the Nigeria Customs Service in June 2023 following the retirement of his predecessor, Hameed Ali. His initial appointment was met with approval from stakeholders due to his experience and seniority within the Customs hierarchy.
However, the statutory provisions in the 2023 Customs Act set clear limitations on the tenure of the Comptroller-General, which the claimant argues cannot be extended through executive fiat without violating the rule of law.
