The court earlier directed the service of the Originating Summons on President Jonathan to enable him to respond to the legal action which was instituted against him by four plaintiffs, Prof. Tunde Samuel, Dr. Junaidu Mohammed, Mr. Rasak Adeogun and Yahaya Ezeemoo Ndu.
The president was served through substituted means, to wit; by publication of the court processes in a national newspaper.
President Goodluck Jonathan
The plaintiffs, through their counsel Mallam Yusuf Ali, SAN, told the court today that they have complied with the order for service.
It will be recalled that the Abuja Division of the Federal High Court had on February 11, struck out a similar suit that was filed against President Jonathan by the four plaintiffs.
The plaintiffs applied and withdrew the suit on the day it was slated for hearing, even as they failed to give any reason for their action.
Consequently, Justice Ahmed Mohammed who presided over the initial suit, awarded a cost of N50, 000 against them for wasting the time of the court.
Meantime, just like in the previous suit, the plaintiffs cited President Jonathan as the sole defendant in the suit they re-filed against him before the FCT High Court.
In their originating summons, the plaintiffs insisted that Jonathan is not legally fit to contest the impending presidential election.
They contended that allowing him to participate in the election would amount to giving him the opportunity to spend more than eight years in office, contrary to the provision of the 1999 constitution as amended.
They want the court to declare that by virtue of the provisions of the Constitution it was "unconstitutional, unlawful, illegal and not permissible for any person to occupy the office of the president of Nigeria for more that a cumulative and aggregate period of eight years when the country was not at war."
The plaintiffs argued that should Jonathan win another term of four years from 2015, he would have been permitted to occupy the office of president for more than eight years.
They therefore prayed the court to declare that in computing the period already spent in office as president by Jonathan, the period from 6th day of May, 2010 to 28th May 2011 should be considered.
More so, the plaintiffs are seeking a declaration that having spent a period of more than four years in office as president since May 6, 2010, Jonathan no longer had the "competence, authority or entitlement to contest the same office for another term of four years."
The federal high court in Abuja had earlier transferred another suit challenging Jonathan's eligibility to participate at the poll to the Court of Appeal.
Justice Mohammed made the order of referral following an application filed on November 28 by another set of plaintiffs in that suit, Mr. Adejumo Ajagbe and Olatoye Wahab.
Effort by the Attorney-General of the Federation, Mr. Mohammed Adoke, to dissuade the court from transferring the matter to the appellate court had failed.
Likewise, a chieftain of the PDP, Mr. Cyriacus Njoku is equally at the Appeal Court in Abuja challenging the judgment of Justice Mudashiru Oniyangi of the Federal Capital High Court which had ab-initio declared President Jonathan eligible to stand for re-election.
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