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2015 Polls: Court Decides Jonathan’s Fate, March 17

President, Nigeria Society of Engineers, Mr Ademola Olorunfemi (left), receiving an award from the National Chairman, Nigerian Institute of Mechanical Engineers, Prof. Adisa Bello, at the inauguration of the 11th National Chairman of the Nigerian Institute of Mechanical Engineers in Abuja last Wednesday.
A Federal High Court in Kaduna has fixed March 17 for judgment in a suit filed by Alhaji Shuaibu Lilli and others challenging the right of President Goodluck Jonathan to contest the 2015 general elections.
The plaintiff in an originating summons dated October 7, 2013, (FHC/KD/CS/87/2013), dragged Jonathan, the Peoples’ Democratic Party (PDP) and the Independent National Electoral Commission (INEC) before the court, seeking an order banning the first defendant (President Jonathan) from contesting.
They argued that having been President by virtue of death of former President Umaru Musa Yar’Adua, Jonathan has served two terms and not qualified for re-election.
In opposition, Counsel to Jonathan, Dr. Fabian Ajogwu (SAN) filed a 21 paragraph counter affidavit as well as a preliminary objection and written arguments.
He averred that the suit constitutes an abuse of court process because the matter for which the plaintiffs instituted the suit has been decided by the High Court of the Federal Capital Territory (FCT) Abuja, in Suit FCT/HC/CV/2449/2012 Mr. Cyriacus Njoku vs Goodluck Jonathan and two others.
Ajogwu argued that the plaintiffs have no locus standi to commence the suit against the Jonathan because as the President, he enjoys immunity from civil and criminal proceedings in suits brought against him in his personal capacity.
Citing Section 308 of the Constitution, Ajogwu stated that the court also lacks the jurisdiction to entertain the matter.
He noted that the plaintiffs’ questions for determination in their originating summons are indeterminable, hypothetical, premature, speculative of what may or may not be the first defendant’s intentions or state of mind and are merely academic.
Ajogwu argued that the originating summons of the plaintiffs does not have on it the mandatory endorsement to serve out of the state as required by Law.
He said: “The Plaintiffs’ suit is premised on issues surrounding the election and term of office of the first defendant’s predecessor-in-office, now of blessed memory. In the circumstance of this case, there is no cause of action against the first defendant.”
He urged the court to rule in his favour and dismiss the suit as it is incompetent.
After listening to the argument of counsels, the court adjourned to March 17 for judgment.
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