Yar’Adua: FG opposes suit by Falana, others

The Federal Government on Tuesday asked a Federal High Court in Abuja to dismiss two cases seeking to compel President Umaru Musa Yar’Adua to properly hand over power to Vice-President Goodluck Jonathan while he is receiving treatment in Saudi Arabia.

While the first suit was filed by Lagos lawyer, Mr. Femi Falana, the other was instituted by a former minority leader in the House of Representatives, Farouk Aliyu, and the Chairman of the Jigawa State chapter of the Nigerian Bar Association, Mr. Sani Gabbas.

Both cases came up for hearing on Tuesday before the Chief Judge of the Federal High Court, Justice Dan Abutu.

In a preliminary objection to the earlier suits, the Attorney-General of the Federation and Minister of Justice, Chief Michael Aondoakaa (SAN), the government said that no vacuum was created by the President’s absence.

The government asked the court to strike out the two suits on the ground that the plaintiffs lacked the locus standi and that they did not disclose any cause of action.

Aondoakaa was in court on Tuesday to argue the application.

When the case was called for mention, Falana informed the court that he had just been served with the memorandum of appearance, a written address on the notice of preliminary objection and a counter-affidavit.

He then asked for time to enable him to respond.

He said, “My Lord, due to the nature of this matter, I will like to urge the court to allow me to file my reply to the counter-affidavit, the written address and the preliminary objection.”

But the AGF did not object. Although Falana said his reply could be ready on Wednesday (today), Aondoakaa suggested a hearing date of January 5, 2010, which was granted by the CJ.

Justice Abutu then said on that date, the originating summons and the objection would be taken together.

He also adjourned the suit filed by Aliyu and Gabbas till January 6, 2010 for hearing.

Meanwhile, the Nigerian Bar Association has filed a separate action at the same court, seeking an order compelling the vice-president to assume Yar’Adua’s official responsibilities.

The NBA’s suit was filed by a former AGF, Chief Akin Olujimi (SAN); and Mr. George Etomi. They asked the court to compel the government to allow Jonathan to assume office as the Acting President.

No date has been fixed for the hearing of the matter.