2015: Court strikes out suit challenging Jonathan's eligibility for re-election

The Federal High Court, Abuja, on Wednesday struck out a suit challenging President Goodluck Jonathan’s eligibility to seek re-election in the 2015 presidential election and awarded N50,000 cost to the president.

The plaintiffs, Prof. Tunde Samuel, Dr Junaidu Mohammed, Mr Rasak Adeogun and Yahaya Ndu, had challenged Jonathan’s eligibility to seek re-election on the ground that he had reached the constitutional maximum of being sworn into office twice.

The presiding judge, Justice Ahmed Mohammed, struck out the suit following an application for discontinuance brought by Mr Alex Akoja, the plaintiffs’ counsel.

At Wednesday’s sitting slated for further hearing of the suit, Akoja informed the court that his clients had instructed him to withdraw the suit, notice of which he filed on Feb. 4.

Mr Ade Okeanya-Inneh (SAN), Jonathan’s counsel, did not oppose the application but asked for cost on the ground that his client had been made to file responses to the plaintiffs’ suit.

He argued that the plaintiffs’ legal team, comprising six Senior Advocates of Nigeria (SAN), who filed the suit ought to have weighed its merit before commencing the action.

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The News Agency of Nigeria (NAN) reports that two more suits challenging Jonathan’s eligibility to seek another term in office are still pending before the same judge.

Mohammed had on Monday referred the case filed by Adejumo Ajagbe and Olatoye Wahab to the Court of Appeal for determination following an application brought by them.

In all the suits, the plaintiffs argued that Jonathan was ineligible to seek re-election because allowing him to do so would amount to his spending more than the constitutionally stipulated eight years.

They, therefore, urged the court to declare that it was unconstitutional for any person to occupy the Office of the President of Nigeria for more than a cumulative period of eight years.

The plaintiffs also prayed the court to declare that, having spent a period of more than four years in office as President since May 6, 2010, Jonathan was constitutionally ineligible to seek re-election to the office.