A Federal High Court, Abuja on Tuesday referred another suit seeking an order disqualifying President Goodluck Jonathan, and his vice, Namadi Sambo, from contesting in the March 28 presidential election to the Court of Appeal for determination.
The court, presided over by Justice Ahmed Mohammed, had earlier on February 9, 2015, referred a similar case to the Abuja Division of the Court of Appeal for determination.
The one referred to the appellate court on Tuesday is with number, FHC/ABJ/CS/661/14, and was filed by Mase Acho, Saeeq Sarki and Murtala Abubakar.
President Jonathan, Sambo, their party – the Peoples Democratic Party – and the Independent National Electoral Commission, are the defendants in the suit.
The earlier one was filed by Adejumo Ajagbe and Olatoye Wahab, suing the Attorney-General of the Federation, Mr. Mohammed Adoke, and the Independent National Electoral Commission as the only defendants.
The referral order by Justice Mohammed on Tuesday made the number of suits challenging Jonathan’s eligibility to seek re-election three cases now pending before the Court of Appeal in Abuja.
The appellate court had on February 19, 2015 reserved judgment on the appeal filed by Mr. Cyriacus Njoku, who is challenging the judgment delivered by Justice Mudashiru Oniyangi of the Federal Capital Territory High Court on March 13, 2013.
Justice Oniyangi had in the judgment, which Njoku disagreed with, affirmed that Jonathan was eligible to seek re-election.
Justice Mohammed in referring the latest case to the Court of Appeal on Tuesday, held that the decision was necessary since the decision to refer the case was not opposed by any of the parties.
He added that the order was the appropriate one to make in view of his earlier order in a similar case and the fact that judgment had already been reserved by the appellate court in another one.
The plaintiffs, represented by Mr. M.S Ibrahim, as well as Jonathan and Sambo, represented by Kenechukwu Nomeh; the PDP represented by Mr. C. I Paul and INEC represented by Mr. K. Bawa, did not oppose the application, when the judge suo moto (on his own) asked them to address the court on the issue.
“This case is hereby referred to the Court of Appeal, Abuja Division for the interpretation of section 135(2), paragraphs (a) and (b) and section 137 of the Constitution, in relation to the fact of this case,” the judge held.
The plaintiffs seek a court declaring that having taken the oath of office twice, Jonathan and Sambo had already exhausted the limit allowed by the 1999 Constitution.
The plaintiffs, in their originating summons, had argued that another four-year term for the President and the vice-president would amount to a breach of sections 135(2)(a) and 137(1)(b) of the 1999 Constitution. Click to signup for FREE news updates, latest information and hottest gists everyday
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