Law News
Judge transfers Jonathan eligibility suit to appeal court

Justice Ahmed Mohammed of a Federal High Court in Abuja has referred a suit challenging the eligibility of President Goodluck Jonathan to seek re-election to the Court of Appeal in Abuja for determination.

The ruling by the judge on Monday made it two cases now pending before the Court of Appeal challenging Jonathan’s eligibility to seek re-election in the forthcoming poll.

There are at least three other suits seeking the same prayer still pending before the Federal High Court.

Justice Mohammed made the order of referral following an application filed on November 28 by the plaintiffs in the suit – Adejumo Ajagbe and Olatoye Wahab.

The Attorney-General of the Federation, Mr. Mohammed Adoke, who is a defendant in the suit had opposed the application for referral. The Independent National Electoral Commission – the second defendant – did not oppose the application.

Hearing of the substantive suit had yet to commence when the plaintiffs asked the court for the referral on the grounds that the suit involved “a substantial question of law” which the Court of Appeal has to make pronouncement on “as soon as possible.”

Earlier, Cyriacus Njoku, had filed an appeal before the Court of Appeal in Abuja challenging the judgment of Justice Mudashiru Oniyangi of the Federal Capital High Court declaring Jonathan eligible to stand for re-election.

The plaintiffs in the two cases seek a court order declaring Jonathan ineligible to contest the next presidential election on the grounds that he had exhausted the two terms allowed by the constitution having earlier taken the oath of the office of the President to complete the tenure of the late President Umar Yar’Adua.

Justice Mohammed on Monday dismissed Adoke’s opposition to the referral application, holding that not only did the plaintiffs have the legal right to file the suit, it did not amount to an abuse of court process because parties in the case were different from the one decided by the FCT High Court.

Click here to read from source.