The Supreme Court has scheduled December 16 as a date for the hearing of an appeal filed by a chieftain of the Peoples Democratic Party (PDP), Umar Ardo, who is challenging the Abuja division of the Court of Appeal’s judgment that refused to join him as a party in an appeal filed by a certain Cyriacus Njoku.
The appeal which Njoku instituted is challenging the eligibility of President Goodluck Jonathan to contest the 2015 presidential elections considering that he has sworn the oath of office twice.
The apex court on Monday fixed the date in deference to the fact that nomination of candidates by political parties will close on December 18.
Aside President Jonathan, other respondents in the appeal include the PDP, Independent National Electoral Commission (INEC) and Cyriacus Njoku.
As the matter came up in the court today, counsel to Jonathan, Ade Okeaya-Inneh, disclosed that he had responded to the appellant’s brief.
The counsel to second respondent, C.I Paul, and fourth respondent, O.O Obla, both requested for a short adjournment from the court to enable them respond to the appellant’s submissions.
However, INEC’s counsel, Al-Hassan Umar, told the court that he would remain neutral and abide by whatever is the ultimate decision of the court.
The presiding judge, Justice Tanko Mohammed, who later adjourned hearing on the matter to December 16, however, ordered parties to file and serve their responses within seven days.
DAILY POST recalls that Njoku had approached an Abuja High Court in 2012 to stop Jonathan from re-contesting in 2015, but Justice Mudashiru Oniyangi, on March 1, struck out the suit on account of lack of jurisdiction.
Consequent upon this, Njoku proceeded to the Court of Appeal where Ardo sought to be joined as co-appellant but was refused. This was on the ground that Ardo was not a party at the lower court. Not satisfied with the Appeal Court ruling, Ardo approached the apex court.
The appellant, through his counsel, Amuda Kannike, in an appeal marked: CA/4/574/2013, SC 769/2014, prayed the court to among other things grant him an order that gives him leave to appeal against the judgment of the Abuja High Court in suit marked: FCT/HC/CV/244/12 between Njoku and Jonathan delivered on March 1, 2014.
Source: DailyPost
