2015: Court grants accelerated hearing in Jonathan eligibility suit

9 years ago

2015: Court grants accelerated hearing in Jonathan eligibility suit

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.
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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.”