court granted accelerated hearing to case challenging jonathan/sambo's eligibility

A Federal High Court in Abuja has granted an accelerated hearing on a suit challenging the eligibility of President Goodluck Jonathan and his deputy, Namadi Sambo, to seek reelection in the 2015 presidential election.

Ruling on an ex-parte application, the trial judge, Justice Ahmed Mohammed, held that the matter would be heard on a 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 elapsed.

Justice Mohammed held that alternatively, the ruling could take effect earlier if the respondents joined issues with the plaintiffs sooner.
The defendants are the Independent National Electoral Commission (INEC) and the Attorney General of the Federation (AGF).

Both of them were  not represented in court yesterday when the counsel for the plaintiffs, Mr. Abiodun Owonikoko (SAN), who appeared along with other SANs, moved the ex-parte application for accelerated hearing.

 

However, before delivering ruling on the application for accelerated hearing, the judge confirmed that the defendants had been served with the processes on October 3.

Under the Federal High Court Civil Procedure Rules, the defendants have up till   November 3 to respond to the suit.

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 asking the court to among other prayers, grant them an order restraining INEC and the AGF from allowing Jonathan and Sambo to seek re-election in 2015.

One claimed to be a member of the  president’s political party, the Peoples Democratic Party (PDP), while the other is a member of  the All Progressives Congress (APC) who filed the suit.

They based 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.

A similar suit is also pending before the Federal High Court in Abuja.
The plaintiffs, among others, are seeking to restrain INEC and the AGF from allowing Jonathan to participate in the 2015 presidential election.

The suit marked: FHC/ABJ/CS/662/2014, with Adejumo Mansouru Ajagbe (a member of the PDP from Lagos State) and Olatoye Wahab (a member of the APC from Osun State) as plaintiffs, listed the AGF and INEC as defendants.

The plaintiffs argued that by the 1999 Constitution (as amended), the president, having contested the presidential election twice, won and taken the oath of office and allegiance twice in respect of that office, he could no longer present himself for election to that office the third time.

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