An Abuja High Court on Friday dismissed a suit that sought to bar President Goodluck Jonathan from contesting the 2015 presidential election.
It will be recalled that Chief Cyriachus Njoko, a member of the PDP, filed the suit in March 2012.
Delivering the judgment, Justice Mudashiru Oniyangi held that Jonathan had not yet served two terms as substantive president.
“The first defendant (Jonathan) neither contested the office of the president before 2011 nor got nomination of his party to contest same election before 2011. Jonathan, to my knowledge, in 2007 contested the general election as a vice president and nothing more.
“Section 135 (2) of the 1999 constitution spells out the tenure of the President to be four years single term, while Section137 (1b) prescribes that the President can only be administered with Oath of office and Oath of allegiance twice.
“In the case of Jonathan, his mere assumption of the office of the President was necessitated by what the National Assembly described as doctrine of necessity because of the demise of late President Umar Yar’Adua. It is therefore the interpretation of this court that Section 135 (2) can only be applicable with the person elected as president.
“Jonathan’s emergence as President on May 6, 2010 did not amount to his being elected; and so, the action did not give credence to the allegation of first oath taking.
“In the circumstance of the forgoing, Jonathan is just serving his first tenure, and therefore free to seek nomination of his party or any other political party if he so wishes to fulfill his presidential ambition,’’ he said.
Giving a number of consequential orders, the judge, however, held that Jonathan could be barred from seeking the position of president beyond 2015 if he failed to obtain nomination of a political party.
Oniyangi further ordered that the second defendant (PDP) be barred from fielding Jonathan as its Presidential Candidate after 2015.
The judge ordered that the Independent National Electoral Commission (INEC) must reject the nomination of Jonathan as presidential candidate of any political party after 2015.
On the preliminary objections, the judge held that the plaintiff neither established a cause of action nor had `locus standi’ to institute the suit.
Oniyangi said that the non establishment of cause of action and locus effectively denied the court the jurisdiction to entertain the suit.
“Being a card-carrying member of the second defendant (PDP) and a tax payer does not yet bestow locus on the plaintiff. The court views the action as being hasty and premature as the second defendant has not gotten the PDP nomination to contest the 2015 election yet.
“The Electoral Act mandates political parties to carry out primaries to nominate candidates for elective offices. The plaintiff will, however, be bestowed with `locus’ if only he had expressed interest to contest the presidential election and dully participated in the primaries.
“The plaintiff’s interest is at the embryo stage and can be best described as a mere ambition. The suit is hereby dismissed for lacking in merit as it is premature. The plaintiff is ordered to pay the sum of N20, 000 as cost for damages to the defendants.
“Let me, however, say here that this decision is not by any means a declaration of President Goodluck Jonathan as a sole candidate of the PDP in the forthcoming 2015 general elections,’’ he said.
Speaking to newsmen after the proceeding, Chief Ade Okeaya-Inneh (SAN), counsel to Jonathan, expressed delight in the decision of the court.
“This will lay to rest the issue of whether the President can seek re-election or not.’’
Mr Kwon Victor, counsel to the plaintiff, however, said that the decision gave room for appeal, adding: ``We are approaching the Appellate Court for better interpretation of Sections 135 and 137 of the 1999 Constitution.’’
NAN reports that INEC did not enter appearance in the suit. (NAN) Click to signup for FREE news updates, latest information and hottest gists everyday
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What do we expect from the judgement, a country where alo of Judges are very corrupt, and very biase, it is normal judgement, what has happened to maina, the run away corrupt public officer.
ReplyDeleteLet him go ahead for a sucidal mission.
Your Excellency Mr president sir, with due respect to your person as the nunber one citizen of this country. I just want to advice serve well now and 2015 will not be problem take a look at Luke 16:10-12
ReplyDeleteIf u want hunger to deal with u and ur entire family in 2015 and beyond, pls vote 4 jonathan. Because there must be continuity in govt, good or bad. And most importantly, read d book of proverbs 2 know d bible's take on people who behave like fools. 4 years now & he has done nothing, I'm nt looking forward 2 any magic com 2015. He must contest & lose!
ReplyDeleteIf you come out again to be reelected, you will surely fail because you are not doing well in this first tenure.
ReplyDeleteALL WE NEED IS GOOD GOVERNANCE AND CORRUPT FREE NATION.ROME WAS NOT BUILT IN A YEAR.
ReplyDeleteJonathan will face the highest disgrace for disappointing Nigerians
ReplyDeleteIF U VOTE JONA,MAY UR LIF B ADMINISTERED THE WAY HE DID NIGERIA
ReplyDeletePDP can manipulate things to suit their candidates into power, but I bet u come 2015 God would calculate things to remove wrong candidates from power. Power is not utilised. Governance embezzled funds, graduates are emanating itself by d day in millions without a pivot of a good job, souls are grievous everyday, if u can't give us a good VISION 4now that u are on d MISSION,with all d PROVISION in ur office, then 2015 u will land us in total DIVISION. so God fight for d less privileged being deprived their rights with their so called "constitution"
ReplyDeleteNigeria is likely to disintegrate if Jonathan contest in 2015. Is he not aware of the prediction from Apostle Johnson Suleman? We know where and how a stuborn grasshopper ends.
ReplyDeleteWhy are you cursing your fellow countrymen becos of one man. Nigerians are not morons don't help us to think we shall think for ourselves. Let 2015 meet us in good health,peace and secrity first then we shall decide who become our president. 'Good' leaders must not be temperamental like you.
ReplyDeleteTrue Rome was not built in a day. But it was eventually built. Look at a country where public servant become billionarie within a twinkling of an eye. My God our country has no direction. Subsidy, sure-p, have you benefit from it?
ReplyDeleteis not easy
ReplyDeleteI love ur contribution, good leader is a 80% listener and 20% speaker. Leaders are learners cos they are readers. "Sir" homosapiens are just temperamental d souls of men are grevious over deprivation from their share from d fiscal. I presume u mst b an affiliate to d political world, mind u if u wanna go far in life to move further then u need a good father. So b wise.
ReplyDelete