Justice Ahmed Mohammed of a Federal High Court in
Abuja has referred a suit challenging the eligibility of
President Goodluck Jonathan to seek re-election to the
Court of Appeal in Abuja for determination.
The ruling by the judge on Monday made it two cases
now pending before the Court of Appeal, challenging
Jonathan’s eligibility to seek re-election in the
forthcoming poll.
There are at least three other suits seeking the same
prayer still pending before the Federal High Court.
Justice Mohammed made the order of referral following
an application filed on November 28 by the plaintiffs in
the suit – Adejumo Ajagbe and Olatoye Wahab.
The Attorney-General of the Federation, Mr. Mohammed
Adoke, who is a defendant in the suit, had opposed the
application for referral while the Independent National
Electoral Commission – the second defendant – did not
oppose the application.
Hearing of the substantive suit had yet to commence
when the plaintiffs asked the court for the referral on the
grounds that the suit involved “a substantial question of
law,” on which the Court of Appeal has to make
pronouncement “as soon as possible.”
Earlier, Cyriacus Njoku had filed an appeal before the
Court of Appeal in Abuja to challenge the judgment of
Justice Mudashiru Oniyangi of the Federal Capital High
Court, declaring Jonathan eligible to stand for re-
election.
The plaintiffs in the two cases are seeking a court order
declaring Jonathan ineligible to contest the next
presidential election on the grounds that he had
exhausted the two terms allowed by the Constitution,
having earlier taken the oath of the office of the
President to complete the tenure of the late President
Umaru Yar’Adua.
Justice Mohammed on Monday dismissed Adoke’s
opposition to the referral application. He held that not
only did the plaintiffs had the legal right to file the suit,
it also amounted to an abuse of court process because
parties in the case were different from the one decided
by the FCT High Court.
The judge held that the fact that the case had yet to be
decided by the appellate court implied that the issue of
the interpretation of Sections 135 and 137 of the
Constitution had not been finally put to rest.
He ruled, “The fundamental feature of the issue is that
there is no decision yet by the appellate court as it
relates to the interpretation of sections 135 and 137 of
the Constitution in relation to the tenure of office of the
President, concerning whether or not the oath of office
taken by President Jonathan after the death of President
Umar Yar’Adua should be regarded as an election.
“It is my humble view that the constitutional issue
raised by the plaintiffs’ present suit involves substantial
question of law that requires reference to the Court of
Appeal for determination in accordance with Section
295(2) of the Constitution.
“In the final analysis, it is my humble view that the
present occupant of the office of the President of the
Federal Republic of Nigeria, Dr. Goodluck Ebele
Jonathan, was sworn in as Commander-in-Chief of the
Federal Republic of Nigeria after the death of Alhaji
Umaru Musa Yar’Adua in 2010.
“The issue of whether he is deemed as having been
elected in the first instance, by the said oath of office,
imposes a substantial question of law, in the sense that
no such situation existed or occurred in the history of
this country, and therefore, there is no previous decision
on the matter by courts in this country.”

Source: http://www.punchng.com/news/judge-refers-jonathans-eligibility-suit-to-appeal-court

hmmm, O ga ooo

Who are those behind these suits/litigations to determine GEJ's eligibility to contest the Presidential election?

These suits/litigations won't yield much good.

Why not just let GEJ and Buhari to square off in the poll and let's see which of them have got the charisma and the people's support?