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Monday, December 3, 2012

‘Sack Jonathan for non-declaration of assets, subsidy fraud’

The Punch - Nigeria's Most Widely Read Newspaper
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'Sack Jonathan for non-declaration of assets, subsidy fraud'
Dec 3rd 2012, 23:17

The Federal High Court in Abuja has been asked to sack President Goodluck Jonathan from office for failing to declare his assets, as well as his alleged role in the oil subsidy fraud.

The suit was filed by the Hope Democratic Party and its candidate in the 2011 presidential elections, Chief Ambrose Owuru.

The plaintiffs are praying the court to order Jonathan to pay them N100bn as damages for frustrating their constitutional rights.

Jonathan, the Attorney-General of the Federation and Minister of Justice, Mohammed Adoke (SAN), Peoples Democratic Party, Independent National Electoral Commission, Economic and Financial Crimes Commission as well as the Senate President David Mark, were joined in the suit.

In the originating summons dated last August 12, the plaintiffs listed seven questions for the court to determine. Among them is  "whether Jonathan can be deemed to have begun to perform the functions of the President without a declaration of his assets in compliance with Section 140 of the 1999 Constitution as amended."

The plaintiffs also alleged that the AGF withdrew cases against some "select high-profile subsidy fraud suspects who threatened to expose the President and his aides over their contributions and sharing of N160bn of the slush fund to Jonathan's 2011 presidential campaign funds."

However, the PDP has asked the court to dismiss the suit on the grounds that the subject matter was the propriety or otherwise of the 2011 presidential election, which it said was a matter within the exclusive jurisdiction of the Court of Appeal.

In the motion filed by its lawyer, Victor Kwon, the party argued that the suit was statute barred, to the extent that it challenged the 2011 presidential election.

PDP argued that Jonathan enjoys immunity from civil and criminal process just as it said the AGF's power to "withdraw or discontinue criminal prosecutions cannot be questioned."

In an affidavit in support of the preliminary objection, deposed to by Nanchang Ndam, the PDP described the plaintiffs' claims as full of half-truths and untruths.

The matter was scheduled for hearing on Monday but the absence of the trial judge, Justice Abdul Kafarati, forced its adjournment to December 18.

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