34
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“36. The Court notes that, with regard to the implementation of the programme of
restoration of democracy, local elections were organized on 8 th January 2011;
legislative elections followed on 31st January 2011, while Mr. Mahamadou Issifou
of the le Parti Nigerien pour la Democratie et le Socialisme (PNDS) was elected
President of the Republic of Niger, following a two-round Presidential election held
on 31st January 2011 and 12th March 2011. He was sworn in on 7th April
2011.”
“37. With regard to these latter events which occurred, and as exposed above, the
Court concludes that the Plaintiffs’ claims seeking various orders of injunction to
restrain Mr. Mamadou Tandja from organizing the criticized referendum, modifying
the Constitution and quelling protestation marches have become devoid of purpose,
pursuant to Article 88(2) of its Rules cited above.”
9.3. The facts in this cited case are wholly analogous to those in this instant case.
We note that the case was filed against President Goodluck Jonathan and his People’s
Democratic Party for having conducted a fundraising rally in violation of the
Electoral Laws of Nigeria by exceeding the maximum amount which can be raised
by a political party. The complaint was that this gave the President and his ruling
party an undue advantage to the detriment of the Plaintiffs and other candidates in
the 2015 elections. The trend of events has shown that President Goodluck Jonathan
did not win the elections and has already conceded defeat to his rival Gen.
Mohammedu Buhari; in fact, Gen. Buhari has already been inaugurated into office
as President of the Federal Republic of Nigeria.
9.4. Therefore, just as this Court determined in the Mamadou Tandja case, this
present case is devoid of purpose since President Goodluck Jonathan and his PDP
did not win the elections, hence this instant case has lost its meaning and is hereby
ruled to be devoid of purpose, and hence dismissible.
9.5. Be it reminded that since our handling of this case is still on issues of law raised
by the Defendants in opposition to this case, we reiterate that by this Ruling, the
Court does not go to or comment on the merits of the complaints as laid in the
Originating Application in that once the Court’s jurisdiction is questioned, the Court
must first examine and determine that it has jurisdiction before it can reach the merits
of the controversy before it.