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Another lawyer asks court to void Jonathan’s presidency

*As Izinyon dismisses suit


By Ise-Oluwa Ige

ABUJA—An Abuja-based legal practitioner, Mr Atagbua Agboje has invoked the original jurisdiction of the Federal high court sitting in Abuja, requesting it to stop Dr Jonathan Goodluck from further parading himself as Acting President and Commander-in-Chief of the Armed Forces of the Federal Republic of Nigeria.

Agboje who is contending that the resolution passed by the two chambers of the National Assembly empowering him to assume full presidential powers was not only unconstitutional but also lacked force of law.
Besides, the lawyer is also asking the court to grant him an order stopping the National Assembly from further recognizing him as the Acting President.

Agboje is the second person to go to court over the legality of the National Assembly resolution.
But a respected member of the inner bar, Dr Alex Izinyon, SAN, has dismissed as arrant nonsense the argument by some lawyers that the 9 February, resolution passed by the two chambers of the National Assembly empowering Jonathan Goodluck to assume full presidential powers in the absence of his boss lacked legal powers.

He said the decision by the lawmakers to pass the resolution was not only the best in the circumstance but that the resolution qualified as a joint one which is not only constitutional but also has the force of law

In the originating summons filed in the registry of the high court, Agboje formulated two fundamental-cum-constitutional questions for the court to answer.

Meanwhile, the Abuja-based member of the inner bar, Dr Alex Izinyon, SAN, dismissed the argument relief in the suit as arrant nonsense.

He said the decision by the lawmakers to pass the resolution was not only the best in the circumstance but that the resolution qualified as a joint one which is not only constitutional but also has the force of law

In a position statement made available to Vanguard yesterday, Izinyon said the doctrine of necessity invoked by the lawmakers to pass the resolution is a living principle of law.

His words: “The 9 February 2010, remains a landmark and remarkable day in the Nigerian Constitutional and democratic sojourn, being a day the National Assembly consisting of the Senate and House of Representative each passed a resolution to the effect that the Vice President, His Excellency Dr. Goodluck Ebele Jonathan, GCON, shall henceforth discharge the functions of the office of the President, Commander-in-Chief of the Armed Forces of the Federation as Acting President.


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