A Federal High Court sitting in Abuja has turned down an ex-parte application filed by the national chairman of African Liberation Party, Mister Osita Okereke seeking to stop the House of Representatives from commencing impeachment proceedings against President Goodluck Jonathan.
Justice Gabriel Kolawole in a short ruling on the application held that the court must be very certain that the impeachment proceedings is on course before it can entertain the suit in order not to interfere with the responsibilities of the Legislative arm of government.
The court held that no single arm of the national assembly can unilaterally impeach the president. Justice Kolawole added that sections 143 (1) of the 1999 constitution requires a joint impeachment resolution of both arms of the National Assembly before the president can be removed.
He further said that the failure of the plaitiff to join the Senate as a party to the suit negated the principles of fair hearing.
Justice Kolawole futher held “this may not be the proper occasion for this court to grant ex parte order against the Speaker and the house of represen tatives as the reliefs sought by the plaintiff largely benefits the president.
He accordingly refused the ex parte order and adjourned the matter indefinitely for the Registrar to pass the case file to the Chief Judge to re-assigned the case since he entertained the application as a vacation judge.
