COURT OKAYS SUIT TO COMPEL MINISTERS TO DECLARE YAR'ADUA UNFIT

A Federal High Court sitting in Abuja on Tuesday granted leave to a Borno State governorship aspirant of the Democratic Peoples Party, Alhaji Bukar Al-Amin, and Mr. Max Ozoaka to apply for an order of mandamus for the removal of President Umaru Yar' Adua from office on the grounds that he is presently incapable of discharging the functions of his office.

They are seeking an order to compel the Attorney- General of the Federation and members Federal Executive Council to convene a meeting for the purpose of considering and passing a resolution declaring Yar' Adua incapable of discharging the functions of his office.

Justice Anwuri Chikere, however, asked the applicants to put the respondents on notice within seven days and serve same with the order for the leave.

The ex-parte application, which received the blessing of the court, was brought pursuant to order 34, rules [1] [3] of the Federal High Court.

The applicants in their suit are seeking a declaration of the court to the effect that having regard to the prevailing political circumstances in the country, the respondents and members of FEC are under an obligation to act upon the provisions of section 144 of the 1999 constitution to consider and pass a resolution declaring Yar' Adua incapable of discharging the functions of his office.

They are also praying for an order compelling the respondents to carry out and discharge the duty imposed on them by the provisions of section 144 of the constitution,and hurriedly convene a meeting of its members for the purpose of considering and passing a resolution declaring Yar' Adua incapacitated.

The applicants hinged their action on the following grounds that by virtue of section 144 of the constitution, the defendant and members of FEC are under a legal obligation to sincerely and objectively consider and pass a resolution declaring Yar'Adua incapable of performing the functions of his office.