A five-member panel of the Supreme Court yesterday fixed December 16 for hearing in an appeal filed by a chieftain of the ruling Peoples Democratic Party, (PDP), Dr. Umar Ardo, challenging the judgment of the Court of Appeal, Abuja division.

The court had refused to join him as a party in an appeal by one Cyriacus Njoku, seeking to stop President Jonathan Goodluck from contesting the 2015 presidential poll.

The apex court fixed the date yesterday to beat December 18, the date set by the Independent National Electoral Commission, INEC, for political parties to close nomination of candidates for the 2015 polls. It is likely that the panel of justices would deliver a bench ruling on the matter on the day of hearing of the case.

Njoku had approached an Abuja High Court in 2012 to stop Jonathan from re-contesting in 2015 but Justice Mudashiru Oniyangi on March 1 dismissed the suit for lack of jurisdiction.

Not satisfied, Njoku approached the Court of Appeal with a request to void the judgment. While the matter got underway at the Court of Appeal, Ardo sought to be joined as co-appellant but was refused.

The intermediate appellate court held that he was not a party at the lower court. Still aggrieved, Ardo approached the apex court for justice.

Ardo through his counsel, Dr. Amuda Kannike SAN in an appeal marked: CA/4/574/2013, SC 769/2014 is praying the court to grant him, among others, 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. He is joined as respondent alongside President Jonathan, PDP, INEC and Cyriacus Njoku.

When the matter came up yesterday, counsel to Jonathan, Ade Okeaya- Inneh SAN told the court that he had responded to the appellant’s brief.

Counsel to second respondent, C.I. Paul and fourth respondent, O.O. Obla prayed the court for a short adjournment in order to respond to the appellant’s submissions.

Counsel to INEC, Al- Hassan Umar, however told the court that he would remain neutral and abide by whatever the decision of the court is.

The Presiding judge, Tanko Mohammed, later adjourned till December 16 for hearing. He however ordered parties to file and serve their responses within seven days. In the preliminary objection to the appeal, Jonathan asked the apex court to dismiss the appeal on ground that it lacks jurisdiction to entertain such.

Jonathan had hinged his objection on the decision of the Supreme Court in C.C&Ind. S.P.R Ltd Vs Ogun State Water Corporation (2002) 4 SC (Pt II) 86 at 98 wherein the court held, “In the first place, appeal court can only hear and decide on issues raised on the grounds of appeal filed before it and an issue not covered by any ground of appeal is incompetent and will be struck out.

Adapted from National Mirror

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