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Hon Aliyu and Mr Gabbas will continue with their case on presidential illness

January 12, 2010

Our attention has been drawn to a judgment delivered by the Chief Judge of the Federal High Court today in respect of a matter that was filed about five days ago. Though there are conflicting reports as to the actual orders made by the learned Chief Judge of the Federal High Court, our enquiries from very reliable sources confirmed to us that the Chief Judge did not make any order for the Vice President to be sworn in as some people are suggesting.


He only stated that the Vice President can perform the functions of the President in his absence. The order is yet very cloudy at best. It is not clear if he addressed sections `144, 145 and 146 of the Constitution.
 
In the circumstances as the leading counsel to Hon Aliyu and Mr Gabbas, I have the responsibility to inform the public that we shall press ahead with our clients’ case which comes up tomorrow before the same court as our clients are seeking fundamental constitutional questions that are not coterminous with the orders made by the Federal High Court this morning. Our clients are insisting that the circumstances surrounding the absence of the President in the last 50 days or so constitute permanent incapacity.
 
Nevertheless, one must express the hope that other cases in Nigeria receive the same unusual express treatment that the one that birthed the decision of the Chief Judge of the High Court today received. The case was filed less than a week ago and although it was adjourned for mention for today judgment has already been delivered. We shall be asking the Chief Judge to deliver judgment in our clients’ case which is for hearing also tomorrow.
 
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