A Federal High Court sitting in Abuja has confirmed that President Goodluck Jonathan can stand for re-election next month, striking out a suit brought before it by a quartet, challenging Jonathan’s eligibility for the 2015 presidential election.
The quartet of Tunde Samuel, Junaid Mohammed, Rasak Adeogun and Yahaya Ezeemo went to court last year to stop Jonathan from contesting the presidential election, citing constitutional breach.
The matter which came up on Wednesday for further hearing before Justice Ramat Mohammed took a new dimension, as counsel to the plaintiffs, Alex Akoja, informed the court of its pending motion on notice seeking for discontinuance of the suit.
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Akoja informed the court that he had the consent of the plaintiffs to discontinue the suit in its motion on notice dated February 4, 2015 even though papers have already been served on the president who is the defendant in the suit.
Although counsel to the president, Ade Okeaya-Inneh (SAN), never opposed the motion, he sought an order of the court to award cost against the plaintiffs as a result of the time and resources wasted in pursuit of the matter.
The presiding judge in his ruling on the suit filed by seven Senior Advocates of Nigeria (SANs), struck out the suit and awarded the sum of N50,000 against the plaintiffs in favour of the president.
Though no reason was given for the discontinuance of the suit, there are indications that a fresh and similar suit is to be filed by the plaintiffs at the FCT High Court.
The plaintiffs had contended that by virtue of Sections 135 and 145 of the 1999 constitution, the president is not eligible to contest the forthcoming general elections, having taken the oath of office as president twice.
They had also sought a declaration by the court that having regards to the provisions of the constitution, it is unconstitutional, unlawful, illegal and not permissible for any person to occupy the office of the president for more than a cumulative or aggregate period of eight years when the country is not at war and it is practicable to hold election into the office of the president.
SEYI ANJORIN
