Posted by From GODWIN TSA, Abuja on
The fate of Vice President Atiku Abubakar to contest the April 2007 presidential elections would be determined by a Federal High Court in Abuja on April 2, 2007.
The fate of Vice President Atiku Abubakar to contest the April 2007 presidential elections would be determined by a Federal High Court in Abuja on April 2, 2007.
Justice Tijani Abubakar, the presiding judge will on that date deliver his judgment on the validity or otherwise of the Independent National Electoral Commission [INEC] to exclude Vice President Atiku Abubakar from contesting the presidential elections.
This is coming as another court presided over by Justice Abimbola Ogie has also fixed the same date to deliver her judgment on the suit filed by the Vice President against his indictment by the Economic and Financial Crimes Commission [EFCC] and the Administrative panel report over the management of the Petroleum Trust Development Fund [PTDF].
Justice Tijani Abubakar fixed the date after Atiku's counsel, Mr. Rickey Tarfa [SAN] and INEC's counsel, Mr Joe Kyari Gadzama [SAN] had adopted their briefs of argument on the matter.
INEC is challenging the suit on the grounds that it constituted an abuse of the court process and that it discloses no cause of action.
However, Atiku's counsel, Tarfa, faulted the submissions of INEC on the issue of res judicata, submitting that the doctrine emphasized not bringing an action which has been given a final pronouncement by a court of final instance.
His words 'My lord, the principle of res judicata rests on the finality of a decision. Counsel to the defendants have already shown to the court that the decision of Kuewumi is far from being final by virtue of their appeal against his decision", he submitted.
Following his disqualification from the presidential race by INEC ,Atiku had gone to court, praying it to issue an order directing the electoral body to include his name, willy-nilly, on the list of candidates to contest the election.