Court hears suit seeking to bar Jonathan from sacking Jega today

Stories by Ameh Ejekwonyilo
Abuja
Justice Abdu Kafarati of the Federal High Court in Abuja will today hear a suit instituted by an Abuja based lawyer, Mr. Realwan Okpanachi, seeking a court order to restrain President Goodluck Jonathan from sacking/suspending INEC Chairman, Prof. Attahiru Jega from office.
Okpanachi, through his counsel, Mr Phillip Abalaka, in the suit marked FHC/ABJ/CS/204/2015, via an originating summons, joined the Attorney-General of the Federation and Minister of Justice, and INEC, as co-defendants.
The plaintiff claims that he instituted the action pursuant to Sections 155 and 157 of the 1999 Nigerian Constitution, as amended, and order 3 Rule 6 of the Federal High Court.
Okpanachi formulated three issues for determination by the court and also seeks seven reliefs. The action is supported by a 20-paragraph affidavit deposed to by Barrister Caroline Abah, his Personal Assistant.
The first issue is “whether, in view of the provisions of Sections 155 and 157 of the Constitution, the President can remove the INEC Chairman from office before the expiration of his office without
approval of two-third majority of the Senate.’’
The second issue is “whether, in view of the fact that Jega’s appointment is not regulated by civil service rules, the president can direct him to proceed on terminal leave before his tenure expires on June23.’’
Issue three is “whether in view of the provisions of Section 157, or any other provisions of the constitution of the Federal Republic of Nigeria 1999, the President  or any other person or authority can validly suspend the chairman of INEC, Prof Attahiru Jega from office.’’
Abah, in his supporting affidavit, claims that the plaintiff filed the suit “to prevent the looming abuse or violation of the constitution by the President as a result of his plan to suspend/and or remove Jega before the expiration of his tenure, which is due in June 2015.’’
“I reasonably believe that the underground moves by the president to suspend or remove Prof. Attahiru Jega from being the chairman of INEC before the expiration of his tenure in June, 2015, if not urgently restrained, would not only throw Nigeria into constitutional crisis but destroy our hard-earned democracy.
“If the 1st and 2nd defendants are not restrained from removing/suspending Prof. Attahiru Jega from office before the expiration of his tenure, which is due in June, the general elections scheduled for March 28 and April 11, will be truncated and our nascent democracy will be destroyed,’’ she said.
The plaintiff is, therefore, seeking the following seven reliefs from the court:
“A declaration that neither the President nor any other person or authority “can validly remove INEC Chairman, Prof. Attahiru Jega, from office before the expiration of his tenure without acting on an address supported by two-third majority of the Senate praying that he be removed among others.
A declaration that neither the President nor any other person or authority “can validly suspend the INEC Chairman, Prof. Attahiru Jega, from office.’’
“An order restraining the President  or any other person or authority  from removing Prof. Attahiru Jega from office as INEC Chairman without acting on an address supported by two-third majority of the Senate praying that he be removed.’’
The suit which is dated March 5 and filed same day, has been assigned to Justice Abdul Kafarati, and is slated for hearing today.