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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