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Conduct established under Item 3 Part 1 of the 5th<br />
Schedule to the Constitution because these<br />
payments are obviously made into the private<br />
accounts of these Ministers which they maintained<br />
abroad contrary to the Code of Conduct which the<br />
President swore to abide by in the Oath of<br />
Allegiance or Oath of Office of the President<br />
contained in the 7th Schedule of the Constitution to<br />
the Federal Republic of Nigeria, 1999.<br />
45<br />
Learned Counsel maintained that the Constitution<br />
states that a breach of the Oath of Allegiance or<br />
Oath of Office is an act of Misconduct. He referred<br />
the court to Item 19 Part 1 of the 5th Schedule to<br />
the Constitution. He contended that in the face of<br />
such breaches of constitutional and statutory<br />
provisions, who then has locus standi to complain?<br />
Learned counsel submitted that what determines<br />
locus standi had been succinctly stated in the cases<br />
of: Gani Fawehinmi v. Col.Halilu Akilu & Anor.<br />
(1987) 4 NWLR (Pt.67) page 797 at 830;<br />
Adesokan v. Adegorolu (1997) 3 NWLR (Pt.493)<br />
page 261 at 278;<br />
Bolaji v. Bambose (1986) 4 NWLR (Pt. 37) page<br />
632 at 646;<br />
Ebongo v. Uwemedimo (1995) 8 NWLR (Pt. 411)<br />
page 22 at 51;<br />
Douglas v. Shell Petroleum Development Co. Ltd.<br />
(1999) 2 NWLR (Pt. 591) page 466 at 474;<br />
Multi-purpose Ventures Ltd. v. A.G. Rivers (1997) 9<br />
NWLR (Pt. 522) page 642 at 666.