President Goodluck Jonathan has filed an appeal against the order of a Federal High Court barring him from deploying soldiers for the elections without the approval of the National Assembly
The ruling was obtained by House of Representatives member, Femi Gbajabiamila, but the president is contending that the lower court’s decision did not represent the state of the law, and is praying the appellate court, to dismiss the judgement of the lower court in its entirety for lack of merit.
President Jonathan through his counsel, Deacon Dele Adesina, SAN, is contending that trial judge erred when he assumed jurisdiction and proceeded to enter judgment when indeed, he lacks the jurisdiction to do so.
He argued that the originating process having failed to comply with the mandatory provisions of the Sheriff and Civil Process Act was not issued according to due process and therefore, incompetent and liable to be struck out.
“A competent court cannot sit on an incompetent suit. The law is settled that where a court lacks jurisdiction, its proceedings no matter how well conducted and its judgment or orders are a nullity,” he argued.
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