A Federal High Court, Abuja, on Tuesday, referred another suit seeking an order disqualifying President Goodluck Jonathan, and his deputy, Namadi Sambo, from contesting in the March 28 presidential election to the Court of Appeal for determination.
The court, presided over by Justice Ahmed Mohammed, had earlier on February 9, 2015, referred a similar case to the Abuja Division of the Court of Appeal for determination.
The new suit with number, FHC/ABJ/CS/661/14, was filed by Mase Acho, Saeeq Sarki and Murtala Abubakar.
Jonathan, Sambo, their party – the Peoples Democratic Party – and the Independent National Electoral Commission are the defendants in the suit.
The earlier one was filed by Adejumo Ajagbe and Olatoye Wahab, with the Attorney-General of the Federation, Mr. Mohammed Adoke, and the Independent National Electoral Commission as the only defendants.
The referral order by Justice Mohammed on Tuesday increased to three the number of suits challenging Jonathan’s eligibility to seek re-election now pending before the Court of Appeal in Abuja.
The appellate court had on February 19, 2015 reserved judgment in the appeal filed by Mr. Cyriacus Njoku, who is challenging the March 13, 2013judgment delivered by Justice Mudashiru Oniyangi of the Federal Capital Territory High Court.
Justice Oniyangi had in the said judgment affirmed that Jonathan was eligible to seek re-election.
Justice Mohammed in referring the latest case to the Court of Appeal on Tuesday held that the decision was necessary since the decision to refer the case was not opposed by any of the parties.
He added that the order was the appropriate one to make in view of his earlier order in a similar case and the fact that judgment had already been reserved by the appellate court in another one.
The plaintiffs were represented by Mr. M.S Ibrahim, while Jonathan and Sambo were represented by Kenechukwu Nomeh. The PDP was represented by Mr. C. I Paul, and INEC represented by Mr. K. Bawa.
The counsels did not oppose the application, when the judgesuo moto(on his own) asked them to address the court on the issue.