Justice Binta Nyako of the Federal High Court, Abuja, on Tuesday, assumed jurisdiction in the case instituted by four indigenes of Ondo State to truncate the second term ambition of the state‘s governor, Chief Olusegun Agagu.

The judge also fixed Wednesday (Today) for hearing in the application challenging service of originating summons on the governor.

The governor had on Monday asked the court to dismiss the case on the grounds that the court lacked the jurisdiction to entertain it.

In the substantive suit, the four plaintiffs had asked the court to issue an order directing the Independence National Electoral Commission to delete Agagu‘s name from the list of candidates already cleared to participate in the April 14 governorship election in the state.

They contended that Agagu was not qualified to contest the election on sundry grounds including that he was indicted sometimes in 2001 by the Justice Obiora Nwazota Judicial Commission over mismanagement of the Nigerian Airways Limited between January 1983 to December 1999.

They invoked the original jurisdiction of the court via originating summons.

However, Agagu on Monday filed a preliminary objection to the hearing of the case on the grounds that there was no service or proper service of the originating summons on him as required by the high court rules; that the action is statute barred; that the case ought to have been commenced in Akure division of the court and that the suit is caught by section 308 of the 1999 constitution.

The four indigenes who are pushing for the disqualification of Agagu from contesting are Messrs Akin Esanmore, Ademola Meitelewawon, Akintubuwa Ise-Oluwa and Tofas Magbetoni.

They said having been indicted by a judicial panel of inquiry, Agagu was caught by the eligibility clause in the 1999 Constitution and should be disqualified from contesting the forthcoming governorship poll in the state.

The 1999 Constitution is clear on the issue of indictment that once a person has been indicted by an administrative or judicial panel of enquiry and the report is accepted by either the state or Federal Government, such a person cannot contest election.