Obasanjo cannot declare VP post vacant-Nigeria court

ABUJA, Feb 20 (Reuters) A Nigerian court ruled today that President Olusegun Obasanjo had no power to remove the vice president, keeping alive Atiku Abubakar's hopes of contesting April presidential elections.

The decision is a political lifeline for Abubakar, who is fighting off accusations of corruption, because it means by remaining vice president he keeps his constitutional immunity from prosecution in the run-up to the landmark poll.

Obasanjo's spokesman declared the vice president's seat vacant in December, arguing Abubakar ''technically resigned'' by joining the opposition Action Congress party to run for president.

But Judge Umaru Abdullahi, president of the Court of Appeal, said in his ruling: ''The president has no power under the constitution ... to declare the office of the vice president vacant.'' Abubakar joined the opposition after being forced out of the ruling party by Obasanjo loyalists, based on a government panel report accusing him of corruption, which was later nullified by a Lagos court.

''It is an important moment in the campaign because it will reassure my supporters ... that I still remain the incumbent vice president,'' Abubakar told Reuters in an interview in London.

Counsel for Obasanjo, Adebayo Adenipekun, said he would appeal the ruling immediately.

''We believe the Supreme Court would have a different view on the matter,'' he told reporters.

Obasanjo, a former military ruler, must step down after the elections which should mark the first time one elected leader hands power to another since Nigeria's independence from Britain in 1960.

But he is determined to stop Abubakar from succeeding him, and has put forward a little-known state governor, Umaru Yar'Adua, as the ruling party candidate.

The Appeal Court granted an injunction restraining the president from violating the immunity of the vice president, and ordered Obasanjo not to withdraw Abubakar's rights and privileges.

Obasanjo withdrew some privileges from Abubakar, including security personnel and the use of cars and the official jet, after he declared the seat vacant.

''I have my privileges. I have my immunity and what I stand for, which is democracy and the rule of law, has been upheld by one of the highest courts,'' Abubakar said.

The Court of Appeal ruling does not guarantee Abubakar a place on the ballot sheet in April, however.

The electoral body said last week it would exclude from the ballot any candidates indicted for fraud. It did not say if Abubakar was among those it would exclude.

Abubakar is among dozens of mostly opposition candidates indicted for fraud by a government panel, but the opposition parties have rejected the indictments and taken the matter to court.

REUTERS MIR KP1709