GUARDIAN

January 23, 2007

 

 

Supreme Court hears Obasanjo, Atiku suit Thursday
From Lemmy Ughegbe, Abuja

 

THE Supreme Court yesterday fixed Thursday, January 25, to hear the suit brought by Alhaji Atiku Abubakar, seeking to stop the Federal Government's bid to remove him as the nation's Vice President.

 

The apex court fixed the said date less than 72 hours after the records of proceedings were effectively transmuted to and received by its registry, nine days after the Court of Appeal, Abuja Division, referred it to the Supreme Court for "expeditious disposal".

 

The Guardian exclusively reported yesterday that the Supreme Court had received the case documents and would fix a date for the hearing this week.

 

Meanwhile, a seven-man panel has been named to adjudicate over the matter. Acting Chief Justice Idris Legbo Kutigi heads the panel, which includes Justices Umar Kalgo, George Oguntade, Mariam Aloma Mukhtar, Walter Sam Onnonghen, Tanko Mohammed and C. M. Chukwuma-Eneh.

 

On January 12, the President of the Court of Appeal, Justice Umaru Abdulahi, ordered that the Vice President's suit be transferred to the apex court for a conclusive determination of the constitutional issues in dispute.

 

Sequel to the referral, however, the appellate court granted an interim order restraining the Federal Government from removing Alhaji Atiku Abubakar from office as the nation's Vice President.

 

The order was without prejudice to the preference of government's counsel, Adebayo Adenipekun, to giving an undertaking not to tamper with the subject matter until the outcome at the apex court.

 

In the terse ruling, the appellate court held that government had failed to show what injury or damage it would suffer if the interim order was granted.

 

When hearing at the apex court begins, the court would be called upon to determine the following questions posed by Atiku:

 

• whether having regard to the combined provisions of Section 135 and 142(2) of the Constitution of the Federal Republic of Nigeria 1999, the plaintiff's term of office as Vice President, Federal Republic of Nigeria which commenced on 29th May, 2003 is vacant?;

   

• whether having regard to the provisions of Section 142, 143, 144 and 146 of the Constitution of the Federal Republic of Nigeria 1999, or any other provisions of the Constitution or any law, the President of the Federal Republic of Nigeria can declare vacant the office of the plaintiff as Vice President of the Federal Republic of Nigeria?; and

   

• whether having regard to the provisions of Section 308 of the Constitution of the Federal Republic 1999, the President of the Federal Republic of Nigeria can withdraw, tamper or interfere with or violate the immunity conferred on the plaintiff as the Vice President of the Federal Republic of Nigeria by that section and or direct his arrest or prosecution?