President Goodluck Jonathan is eligible or not to contest Presidency
in 2015.
It was an aggrieved member of the Peoples Democratic Party, PDP, Mr
Cyriacus Njoku, that approached the court, asking it to go ahead and
determine "whether Section 135(2) of the Constitution, which specifies
a period of four years in office for the President, is only available
or applicable to a person elected on the basis of an actual election
or includes one in which a person assumes the position of President by
operation of law, as in the case of Dr. Goodluck Jonathan."
Likewise, a seven-man panel of Justices of the Supreme Court has fixed
December 14, to deliver judgment on another suit seeking to nullify
the April 16 general election that brought President Jonathan to
power.
The suit was filed before the apex court by the National Democratic
Party, NDP, which is alleging that the Independent National Electoral
Commission, INEC, violated several provisions of the Electoral Act,
2010. The party contended that the second timetable the electoral body
used for the general election was illegal, null and void.
Meantime, in his suit, Cyriacus who said he intended to vie for the
Presidency in 2015, is also urging the high court to determine
"whether Section 137(1) (b) of the Constitution, which provides that a
person shall not be qualified for election to the office of President
if he has been elected to such office at any two previous elections,
applies to the first defendant, who first took an oath of office as
substantive President on May 6, 2010 and took a second oath as
President on May 29, 2011."
He is seeking a declaration that 'the President's tenure of office
began on May 6, 2010 when his first term began and his two terms shall
end on May 29, 2015 after taking his second oath of office on May 29,
2011; and by virtue of Section 136 (1) (b) of the Constitution, no
person (including the first defendant) shall take the oath of
allegiance and the oath of office prescribed to in the Seventh
Schedule to this Constitution more than twice.
Meanwhile, both President Jonathan and the PDP, in separate
preliminary objections they filed against the suit, described it as
"frivolous and highly vexatious," saying it ought to be dismissed in
its entirety as grossly lacking in merit.
They contended that the plaintiff failed to disclose any reasonable
cause of action that precipitated the suit, insisting that Jonathan is
currently doing his first term of four years in office as the
President of Nigeria as provided by the 1999 constitution as amended.
According to the PDP, "President Jonathan's status and position is
formidably backed by the 1999 constitution. The constitution of
Nigeria only makes provisions for a president to contest for not more
than two terms of four years each. The constitution recognizes the
President's tenure of office to be four years."
PDP further maintained that Jonathan had not indicated or announced
anywhere whether in words or in writing that he would contest for the
presidential election in 2015, adding that the plaintiff lacked the
locus-standi to seek for such declarative orders against Jonathan.
Similarly, Jonathan, through his consortium of lawyers led by Chief
Ade Okeaya-Inneh, SAN, maintained that the 1999 constitution, as
amended, permits him to contest for not more than two terms of 4-years
each.
In a15-paragraph counter affidavit that was deposed on his behalf by a
lawyer, Mr Osahon Okeaya-Inneh, Jonathan said he was yet to indicate
or announce anywhere that he would contest for presidency in 2015,
just as he dismissed the suit as an academic exercise.
In the counter affidavit entered against the suit, counsel to Jonathan
averred: "I am a counsel in the law firm of Ade Okeaya-Inneh and Co.
Counsel to the 1st defendant in this suit, by virtue of which I am
conversant with the facts of this case
"I have the consent and authority of the 1stdefendant/respondent to
depose to this affidavit
"When my law firm was briefed by the 1stdefendant to represent him in
his action, I, together with Mr Mattew Aikhionbare (senior special
assistant to the President) and Dr Reuben Abati (special adviser on
media and publicity to the President) meticulously went through the
11-paragraph affidavit of the plaintiff in support of his originating
summons.
"The 1st defendant is currently doing his first term of 4 years in
office as the president of Nigeria as provided by the 1999
constitution as amended. The 1st defendant status and position is
formidably backed by the 1999 constitution.
"The constitution of Nigeria only makes provisions for a president to
contest for not more than 2 terms of 4 years each. The constitution
recognizes the Executive President's tenure of office to be 4 years.
"I was informed by Dr Reuben Abati on the April 4, 2012 at about 5.30
pm in his office and I verily believe that. 'The 1stdefendant has not
indicated or announced anywhere whether in words or in writing that he
will contest for the presidential elections to be conducted in 2015.
"The Late President Umaru Musa Yar'Adua contested and won the
presidential elections conducted in 2007 for a one term of four years.
He was the president from May 29, 2007 until sometime in May 2010 when
he passed on. Yar'Adua's four years was to end in 2011."
Jonathan further told the court that on May 6, 2010, he was sworn in
as the president after the demise of the Late President Yar'Adua
thereby completing Yara'Adua's 12 months of the 4 years tenure,
stressing that this is the first time he is coming to power as the
president of Nigeria through a conducted election wherein he was voted
as the presidential candidate of his party, the PDP.
He said the plaintiff neither attached copies of his recent tax
clearance certificate from the Federal Inland Revenue Service, FIRS,
nor his PDP membership card as proof of who he claimed to be.
Therefore, he beseeched the presidingJustice Mudashiru Onyangi to
terminate hearing on the suit he said was meant to make the court
labour in futility.
Remarkably, this is the second time the plaintiff, Njoku is dragging
President Jonathan to court with a view to thwarting his political
ambitions.
It will be recalled that he had in August 2010, attempted to stop the
PDP from allowing Jonathan to participate in the PDP presidential
primaries of January 2011.
Njoku, from Zuba Ward in Gwagwalada Area Council of Abuja and with PDP
registration number 1622735, had previously urged the court to ask the
PDP to respect its principle on zoning formula in line with Article 7.
2(c) of the party's constitution.
He had insisted that the declaration of Jonathan (third defendant) to
contest the presidency on the PDP platform was contrary to
Article7.2(c) of the 2009 Constitution of the PDP, as amended.
However, the Chief Judge of the FCT High Court, Justice Lawan Gummi
dismissed the zoning suit, thus paving way for President Jonathan to
emerge as the flag bearer of the party in the last general elections.
Source. : dailypost