Eligibility suit: Jonathan wants case quashed

President Goodluck Jonathan and his vice, Namadi Sambo have asked a Federal High Court in Abuja to quash the suit challenging their eligibility to stand for re-election into office next year.

Two lawyers and another Nigerian, Mase Acho, Saeeq Sarki and Murtala Abubakar had filed the suit.

The suit numbered FHC/ABJ/CS/661/14 is asking the court to declare that having taken the oath of office twice, Jonathan and Sambo have already exhausted the limit allowed by the Constitution.

The plaintiffs, in their originating summons, had argued that another four-year term for the President and his vice would amount to a breach of sections 135(2)(a) and 137(1)(b) of the 1999 Constitution.

But Jonathan and Sambo have, however, through the lawyers,  Mr. Ade Okeaya-Inneh (SAN) and Dr. Fabian Ajogwu (SAN), filed a preliminary objection to the issues raised by the plaintiffs.

It is part of their arguments that they could not be sued in their personal capacities for any criminal or civil cause since  Section 308 of the Constitution confers on them immunity.

Besides this, the President and his vice are contesting that the  plaintiffs  have no standing in law to institute the legal action.

Their lawyers  argued that before the plaintiffs could have a valid case against their clients, the plaintiffs must first show that their personal interests have  been adversely affected and prove that such interest overrides the public interest.

According to the President’s legal team, the plaintiffs have not disclosed any sufficient interest to warrant a claim in Public or Private Law.

Jonathan and Sambo are further contesting that it is not within the purview of the Federal High Court, Abuja to entertain the plaintiffs’ suit.

Describing the plaintiffs’ cause of action as speculative, academic and conjectural, their lawyers  said, “It is trite principle also that a court should not decide a case on mere conjecture or speculation. Courts of laws are places of facts and laws. They decide issues on facts established before them and on laws. They must avoid speculation.”

Source: Punchng