The plaintiffs in the matter Mr. Olatoye Wahab and Adejumo Mansouru Ajagbe urged the Judge to terminate the proceeding before him and refer the constitutional issue to the Abuja Division of the Court of Appeal for determination.
Basically, the plaintiffs are praying the court to determine “Whether by the combined effect of sections 135(2) (a) and (b) and 137 of the 1999 constitution (as amended) a person sworn into the office of the President of the Federal Republic of Nigeria on two previous terms is deemed to have been elected to that office at two previous elections.
As well as “Whether in view of section 137(1) (b) of the constitution of the Federal Republic of Nigeria 1999 (as amended), any person can present himself for the purpose of being elected as President of the Federal Republic of Nigeria, that person having participated as candidate and emerged winner at two previous presidential elections on account of which the person would have spent cumulative periods of eight years in office by the time the winner of the 2015 general election would be sworn into office”.
Listed as defendants in the suit were the Attorney-General of the Federation and the Independent National Electoral Commission, INEC.
At the resumed sitting yesterday, counsel to the plaintiffs Mr Abiodun Owonikoko, SAN, told the court that the defendants were served with the application last week Friday, noting that they still have time to respond. He therefore asked for an adjournment.
Nevertheless, a chieftain of the Peoples Democratic Party, PDP, Mr. Nigel Ifeanyi Nwajiobi nearly disrupted the court proceeding yesterday.
Source: http://www.vanguardngr.com/2014/12/judge-asked-hands-suit-challenging-jonathans-eligibility/
