Supreme Court Hears Suit on Jonathan’s Eligibility Monday osundefender.org/?p=198361 The Supreme Court has slated Monday December 8 as the date to hear the suit challenging the eligibility of President Goodluck Jonathan to stand for the 2015 presidential election, as the sole presidential candidate of the Peoples Democratic Party (PDP). A Supreme Court notice obtained by THISDAY dated December 4, 2014 with suit number CA/4/574/2013, SC 769/2014 between Dr. Umar Ardo as appellant and Dr. Goodluck Jonathan and others as respondents, said, “Take notice that the above motion will be listed for notice before Supreme Court of Nigeria sitting at Abuja on Monday December 8 2014.” Other respondents in the suit are the Independent National Electoral Commission (INEC) and the PDP. The Supreme Court document also said, “Further take notice that in accordance with Order 2 rule 1 (2) of the Supreme Court Rules 1985 as amended, this notice is deemed sufficiently served on you if it is left at your address for service or sent by registered post and since the date of service by post is material section 26 of the interpretation act 1964 shall apply.” According to the Motion on Notice, “the appellant is seeking for an order for abridgment of time which the appellant and respondent are to file their respective briefs of argument which means seven days for the appellant and upon service of the appellants brief of arguments, seven days is equally given to the respondents to serve their respective briefs of argument while three days is given to the appellant to file reply brief. “An order for the accelerated hearing of this appeal because of its importance with respect to the presidential nomination of the PDP slated to close on December 18 2014 and the 2015 presidential election which said election is also slated for February 2015.” In the grounds of appeal for accelerated hearing filed by the lawyers to the appellant, Dr. A. Amuda Kannike (SAN) and Mr Doueyi Fiderikum, the subject matter of the appeal was a pre-election matter that had to do with whether or not the first respondent was eligible to contest the 2015 presidential election. And that the closure of the submission of nominated candidates of political parties to INEC was fixed for December 18 2018. The appellant said that another ground of appeal was that the presidential election was slated for February 2015, hence the need for an accelerated hearing, stating that, “By the virtue of order 6 Rules 5 (1) (a) (2) and (3), the appellant has ten weeks, the Respondents has eight weeks and appellant has five weeks to file briefs of argument and cumulatively that is about 22 weeks meaning about six months in filling briefs. “That the appeal is likely to be ripe for hearing in May 2015 or even whether thereafter and that the swearing in of the next president is May 29 2015 and that the Supreme Court will be busy in 2015 with appeals with respect to the presidential, gubernatorial elections including pre election matter” Also speaking to THISDAY, the appellant said, “The Supreme Court owes the nation a duty to determine the Presidents eligibility or otherwise to contest again before the closure of submission of candidates by political parties on 18th December to avoid fostering on Nigerians, rightfully or wrongfully, a fait accomli on his candidacy. “I believe any judgment after the closure date will be unlikely to declare the president ineligible because the implication is that PDP cannot participate in the 2015 presidential elections. Politically, I cannot foresee such a scenario in Nigeria right now. Thats why it is important for everybody, especially the county that the matter is determined in time”, he said.
Posted on: Tue, 09 Dec 2014 14:14:01 +0000
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