[size=14pt]Acting Nigeria president wants case against his post dismissed [/size]
http://www.nation.co.ke/News/africa/Acting%20Nigeria%20president%20wants%20case%20against%20his%20post%20dismissed%20/-/1066/889770/-/65eyuh/-/



Nigerian Acting President Goodluck Jonathan on Monday asked a federal high court in Abuja to dismiss a suit by former Minority Leader House of Representatives Farouk Aliyu challenging his acting position.

Farouk is challenging the February 9, 2010 resolution of the National Assembly that Jonathan should start performing the duties of President Umaru Yar’Adua in acting capacity.

The National Assembly had on the said date resolved that Jonathan as vice president should start discharging the powers of the president in acting capacity pending the recovery and return of President Yar’Adua to office.

The acting president’s position is shared by the former Attorney General of the Federation and Minister of Justice Prince Adetokunbo Kayode, who is the Fourth respondent in the suit.

The defendants, who include the Senate of the Federal Republic and the House of Representatives, told the court that it would be in the interest of justice to strike out or dismiss the suit.

Canvassing more grounds upon which the court presided over by Justice Adamu Bello should throw out the suit, the former AGF in his notice of preliminary objection noted that the suit did not disclose any reasonable cause of action.

Besides, he asked the court to dismiss the suit because there was no dispute between the plaintiff and Jonathan and the AGF and told the court to hold that the “suit is an abuse of court process’’.

Similarly, Ken Ikonne, who also challenged the suit on behalf of the Senate of the Federal Republic of Nigeria, emphasized that the plaintiff (Farouk) lacked locus
standi in respect of the suit.

But Counsel to plaintiff Victor Kalu prayed the court to declare the resolution of the National Assembly on Jonathan as illegal and unconstitutional.

Hearing of the case is on April 20.

Meanwhile, Nigeria’s Senate began on Monday to screen nominees for the new cabinet, whose rapid formation would ease political uncertainty in Africa’s most populous nation.

Jonathan last week sent a list of 33 cabinet nominees to the Senate for approval. Senate President David Mark on Monday read out a further five names also submitted for screening.

The upper house of parliament is expected to vote on the nominees before an Easter recess starts on Thursday.

Jonathan sacked all government ministers in Africa’s top energy producer two weeks ago in a bid to assert his authority a month after assuming executive powers in the absence of ailing President Umaru Yar’Adua, who remains too sick to govern. (Agencies)

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