SAN FRANCISCO, December 16, (THEWILL) – The Supreme Court has struck down a suit seeking to bar President Goodluck Jonathan from contesting in the February 14, 2015 Presidential election.
The suit was filed by a Chieftain of the Peoples Democratic Party (PDP) from Adamawa State, Dr. Umar Ardo, who is contesting the President’s eligibility to seek re-election on the premise that he is constitutionally barred from doing so having taken the oath of office twice previously.
The five-member panel of justices of the court led by the Chief Justice of Nigeria, CJN, Justice Mahmud Mohammed, ruled that it could not deliberate on the suit noting that the substantive suit challenging Jonathan’s eligibility is currently before an Abuja Division Court of Appeal.
Ardo had gone to the Supreme Court to challenge an earlier decision of the Court of Appeal, Abuja, which disallowed him from joining a pending appeal against the decision by Justice Mudashiru Oniyangi of a Federal Capital Territory High Court on the matter.
Ardo’s lawyer Abiodun Amuda-Kannike (SAN) had on Tuesday succumbed to pressure by the Justices of the Supreme Court, who advised him to withdraw the appeal.
Justice Mohammed faulted the appeal on the ground that it was unwarranted and had stalled the hearing of the main appeal still pending before the Court of Appeal.
Other members of the panel also noted that the appeal lacked merit and reminded Amuda-Kannike that his integrity was at stake if he refuse to withdraw the appeal.
The CJN urged the lawyer to withdraw the suit so that the Court of Appeal could reach a decision on the matter.
“Allow the Court of Appeal to decide on the substantive suit. All of us, including your client, cannot be parties in a suit. One person can file a suit on constitutional issue and the court will make a decision that will be beneficial to all, “he counseled.
Amuda-Kannike, who was on his feet throughout the proceeding, tried desperately to convince the apex court to hear the appeal.
He later applied to withdraw the appeal.
Justice Mohammed, who read the panel’s lead ruling, dismissed the appeal and thanked the lawyer for seeing “the need to allow the Court of Appeal to hear the substantive appeal.”
“However, we thank Dr. Amuda-Kannike for taking the bold step in the interest of justice and protection of the integrity of this noble profession,” the CJN said.
*** The Nation contributed to this report.
