2015: Court grants accelerated hearing in Jonathan eligibility suit
(ABUJA)
A Federal High Court in Abuja on Monday granted an
accelerated hearing of a suit challenging the eligibility of
President Goodluck Jonathan and his vice, Namadi Sambo,
to seek reelection in the 2015 presidential election.
Justice Ahmed Mohammed in his ruling on the ex parte
application by the plaintiffs held that the matter would be
heard on weekly basis.
Though he adjourned the matter till November 12, he held
that the order of accelerated hearing would be effective
from when the 30 days within which the respondents were
bound to respond to the suit would elapse.
Justice Mohammed held that alternatively the ruling could
take effect earlier if the respondents joined issues with the
plaintiffs sooner.
Both of them were not represented in court on Monday
when the counsel for the plaintiffs, Mr. Abiodun
Owonikoko (SAN), who appeared along with other SANs,
moved the ex parte application for accelerated hearing.
But before the judge delivered his ruling on the matter, he
confirmed that the defendants had been served with the
processes on October 3, adding that by the rules of the
court, they had up till November 3 to respond to the suit.
The respondents in the suit are the Independent National
Electoral Commission and the Attorney General of the
Federation, Mr. Mohammed Adoke (SAN).
Owonikoko had urged the court to fix the matter for “the
earliest possible date” in line with the Supreme Court’s
practice direction which directs a quick determination of
election-related cases.
The plaintiffs, who are both politicians, Adejumo Ajagbe
and Olatoye Wahab, are seeking an order restraining the
INEC and the AGF from allowing Jonathan and Sambo to
seek re-election for their respective offices in 2015.
They anchored their suit on the provisions of sections
132(1), 135(2)(a) and (b), 137(1)(b), 142(1) and (2) of the
Constitution and the Supreme Court decisions.
The plaintiffs argued that by the virtue of constitutional
provisions, the President and the Vice President elected in
the same election and sworn into office on the same date
and ceremony were taken to have been elected for one
single term of four years.
The plaintiffs argued that by the virtue of the oaths taken
by Jonathan and Sambo following the death of President
Umaru Yar’adua in 2010 and their subsequent re-election
in 2011, both of them were deemed to have completed the
two terms allowed by law.
Ajagbe, who claimed to be a member of the Peoples
Democratic Party in Lagos State, and Wahab, a member of
the All Progressives Congress in Ogun State, said they were
presidential aspirants whose interest would be
jeopardised if both Jonathan and Sambo were not barred.
Other SANs appearing for the plaintiffs are James Ocholi,
Okon Efut and Mahmud Magaji.
The plaintiffs argue that by the virtue of the oaths taken by
Jonathan and Sambo following the death of President
Umaru Yar’adua in 2010 and their subsequent re-election
in 2011, both of them were deemed to have completed the
two terms allowed by law.
Their statement of claim read in part, “That being so, the
reference to ‘two previous elections’ in Section 137(1)(b) of
the Constitution includes two previous oath of allegiance
and oath of office as President.
“It is therefore safe to conclude that a Vice President, who
had taken the oath of allegiance and oath of office for two
previous terms as President is, in law, deemed to have
been elected into the office of President at two previous
elections, thereby stand disqualified to contest another
election into that office.”
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