The constitutionality or otherwise of President Goodluck Jonathan re-contesting the presidential election in 2015 will again be the subject of litigation at the Federal High Court, Kaduna, which has fixed November 11, 2013, for mentioning of the suit.
The suit which was filed by one Alhaji Shuaibu Lili of the now defunct Congress for Progressive Change (CPC) and Mr. Richard Nmenga of the ruling Peoples’ Democratic Party (PDP), came up yesterday before Justice Evelyn Anyadike yesterday but could not be entertained because the defendants, President Jonathan and the PDP leadership, were said not to have been served hearing notice.
However, counsel to the plaintiff, Mr. Tony Agaga, who told the court that he was not in a position to ascertain if the defendants were duly served with court notice regarding the case or not, added that he was guided by the fact that since the suit was filed at the Kaduna division of the Federal High Court, the defendants could not feign ignorance of being served.
He said, “We want the court to give a constitutional interpretation of the provision of the 1999 Constitution as amended as to whether President Goodluck Ebele Jonathan is qualified to contest the 2015 presidential election. This is a fundamental constitutional question which we want the court to determine”.
Agaga added: “The defendants are not served yet and we discovered that we may require leave of court to serve them out of jurisdiction.
“But actually, what I am pointing out to the honourable judge is, this is a Federal High Court and the jurisdiction of the court covers the entire federation except if you are going to Ghana to serve somebody, (then) you need leave.
“However, to avoid arguments, we (will) do that to accelerate the hearing. We don’t want to be taken aback by some technical issues”, counsel to the plaintiff stressed.