A Federal High Court in Abuja, on Tuesday, referred another suit challenging the eligibility of President Goodluck Jonathan to contest the March 28, 2015 presidential elections to the Court of Appeal, Abuja Division.

The plaintiffs in the suit, Mase Daphine Acho, Sadeeq Umar Sarki (both lawyers) and Murtala Abubakare had on September 19, 2014 dragged Jonathan, his vice, Namadi Sambo, the Peoples Democratic Party (PDP) and the Independent National Electoral Commissioner (INEC) before the court, contending that Jonathan is ineligible to be elected president, having taken oath of office twice for the same office.

Jonathan had, through his counsel, Ade Okeaya-Inneh (SAN) prayed the court to dismiss the suit on the ground that the court lacked the jurisdiction to entertain the suit and that they (plaintiffs) lacked the requisite standing in law to institute the legal action.

At the resumed hearing of the matter, the trial judge, Justice Ahmed .Ramat Mohammed noted that he had taken a look at the four issues formulated for determination, and eight reliefs sought by the plaintiffs and discovered that they were the same in content and fact with another one earlier referred to the Court of Appeal for judicial interpretation of Section 135 and 137 of the 1999 Constitution of the Federal Republic of Nigeria as they relate to the tenure of the President.

He further noted that no court had pronounced on the issue before now, and however, sought the opinion of the plaintiffs on whether the matter should be referred.

The plaintiffs did not object to the referral but the court later referred the matter to the Court of Appeal, Abuja Division for the interpretation of the sections.

The plaintiffs in the suit had argued that by virtue of the Supreme Court’s decision in Marwa Vs Nyako (2012) 6 NWLR (Part 1296), both Jonathan and Sambo were not qualified to be elected as president and vice-president, respectively.

According to the trio, Jonathan and Sambo are caught by the provisions of the constitution which stated that no person can stay in the office of the president and vice- president for a period beyond eight years. 

Source: TRIBUNE