PRESIDENT Goodluck Jonathan Tuesday prayed the Federal High Court, Abuja Division to throw out the suit brought against him by 11 human rights activists over the continued suspension of the President of the Court of Appeal, Justice Ayo Isa Salami.
Jonathan sought the prayer in an application filed by Mr. Matthew Echo on behalf of the President and the Attorney General of the Federation (AGF) and Minister of Justice, Mr. Mohammed Bello Adoke (SAN), 1st and 2nd Defendants in the suit.
According to the defendants, the human rights activists who filed the suit for themselves and the Registered Trustees of the Centre for the Promotion of Arbitration do not have the locus standi (legal right) to institute the action and to seek the reliefs sought as they do not have sufficient interest in the matter to which the application relates.
The 1st and 2nd defendants held that the plaintiffs have not shown any authority granted it by the Trustees of the Centre for the Promotion of Arbitration to maintain the action on their behalf in a representative capacity.
Other grounds for asking the court to dismiss and strike out the suit are, that the plaintiffs' reliefs in their application are indeterminable as they are merely academic and as such should be expunged and that there is no cause of action against the 1st and 2nd defendants as they have always acted in accordance with the constitution in relation with the subject matter in the suit.
When the matter came yesterday, the plaintiffs' counsel, Echo, withdrew the name of Justice Dalhatu Adamu (the fifth defendants) from the suit and asked for an extension of time to enable him respond to the motion of the 1st and 2nd defendants.
The trial Judge, Justice Adamu Bello, granted the application as prayed and adjourned to January 17, 2013 for adoption of written addresses.
The plaintiffs had asked the court to determine whether Jonathan had the powers to recall Salami, and also, whether he (Jonathan) can re-appoint Adamu as acting President of the Court of Appeal (PCA) after the expiration of three months without the recommendation of the NJC.
The National Judicial Council (NJC), 3rd defendant in the suit agreed with the plaintiffs on both issues, maintaining that Jonathan had no powers under the law to recall Salami, and that Adamu's continued stay in office as acting PCA was illegal.
"By virtue of the combined provisions of sections 153, 158 (1), of the Constitution, and the NJC's power to exercise disciplinary control over judicial officers contained in paragraph 21 (1) of the part 1, third schedule of the Constitution, the NJC is clothed with the power to suspend and recall the 4th defendant (Salami) without any recourse to the President (the 1st defendant)," the NJC argued.
