ABUJA — An Abuja High Court sitting at Maitama, will today, determine whether 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.

http://www.vanguardngr.com/2012/10/presidency-2015-court-determines-jonathans-eligibility-today/

GEJ is qualified to run for 2015. Court proceedings is just democracy in action. If he runs we ll vote for him 100% again.

Hmm, he qualify or not, am qualify to vote for candidate of my choise

Next!
All na wash, we all know what the judgement would be.

icon aus: GEJ is qualified to run for 2015. Court proceedings is just democracy in action. If he runs we ll vote for him 100% again.

. Speak for urself-wat has he done to justify his coming back again?

This really is complicated. A part of the constitution says you can be elected to the office twice, (which makes GEJ eligible, cos he's only been elected once). Then another part says you can only take the oath of office twice(which makes GEJ in-eligible, cos he's already been sworn in twice).
Whatever the outcome as decided by the court will be interesting.
These are the kinda lawsuits that should be instituted to make our polity stronger, not frivolous and selfish ones gulping resources and taxpayers' money.

icon aus: GEJ is qualified to run for 2015. Court proceedings is just democracy in action. If he runs we ll vote for him 100% again.

Thank God,somebody is supporting jonathan now.

I think Jonathan is qualified to contest in 2015 because according to the constitution, he was deemed to have completed Yar' Adua's tenure in May of 2011 (even though he first took the oath of office in May 2010). Therefore his first full 4 year tenure began on May 29, 2011.

I pray the case of NDP sail through and 2011 election nullified. Let's have another election conducted, i'm sure he will contest again. I cant wait till 2015 to pay this hat-capped president back for causing me so much pain in just few years in office as the president of this country. Spending four good yrs under this shoeless guy is like buying a bedspace in hell.

Hmmm'''coming back to do what?Pretender president,if you like contest 4 more times,can never vote for your personality anymore....

jumyscrib: . Speak for urself-wat has he done to justify his coming back again?

He has,done more than enough to deserve a return,he is putting in place the skeletal and economic structure that Nigeria as a country lacks but is needed to be in the 21st century,come 2015 my dear friend,by the time the fruits of all that GEJ and his team are doing would have manifested themselves unto you doubting Nigerians,you shall all go and queue with your new electronic voters card and vote him back into power,o yes,it shall come to pass inshi Allah

icon aus: GEJ is qualified to run for 2015. Court proceedings is just democracy in action. If he runs we ll vote for him 100% again.

Guy u betta knw wat to post, are u myself, pls am entitle to my verdict. I think I got u, u a publicist to JET or wat ever.
I guessed as much, u must be an ijaw man the way u r hyping ur TRIBE'S MAN is more than the amount u r being paid. Give it trial another decade.

caseless: I pray the case of NDP sail through and 2011 election nullified. Let's have another election conducted, i'm sure he will contest again. I cant wait till 2015 to pay this hat-capped president back for causing me so much pain in just few years in office as the president of this country. Spending four good yrs under this shoeless guy is like buying a bedspace in hell.

Men of so little faith,at the end of the four years,you shall eat your words back

Jonathan is totally fit and qualified to run for president come 2015,and come that election,he shall be voted back into power and he will not just win,but he will win with a landslide majority,because we all come 2015 shall say to ourselves that indeed he deserves a return ticket,and he shall get our vote of confidence to carry on.everybody is entitled to their own opinion,but one thing I know for sure is that POSTERITY shall be on my side.

Of course he is eligible, he shouldn't be worried about this.
He should focus on how to convince the voters he deserves a second chance.

This is so complicated. I hope he's eligible to run in 2015 so dat we can either vote him in or out base on his performance.

Hmmmmm. The court will certify him Qualified to Run for Re-election in 2015.

AlterEgo™:
This really is complicated. A part of the constitution says you can be elected to the office twice, (which makes GEJ eligible, cos he's only been elected once). Then another part says you can only take the oath of office twice(which makes GEJ in-eligible, cos he's already been sworn in twice).
Whatever the outcome as decided by the court will be interesting.
These are the kinda lawsuits that should be instituted to make our polity stronger, not frivolous and selfish ones gulping resources and taxpayers' money.

#NuffSaid #WordOfWisdom

All na smoke

[color=#990000][/color] > > have you pple notice,all d pple praising him are related to gudluck?or in one way or the other stealing 2geda,lets be sincere pple,good luck has done notin in abt 4years nw,jst stealing,at d end wen he might have finshed building him self,he'll nw work 4 campaign...which he havnt done self,lets be wise n always tink twice

Despite the fact of subsidy of subsidy removal the 2012 budget has gone down to his private account,well done mr Jonathan,ill vote you come 2015

seaktoks: Hmmm'''coming back to do what?Pretender president,if you like contest 4 more times,can never vote for your personality anymore....

seatoks, GEJ doesn't need your vote to win.am sure u don't have a voters card

If there are no Better Candidates, then Jonathan will have my Vote.

And please I don't need any ex General or former Head of state....enough of these cow boys.

Come 2 tink of it if u dnt vote 4 gudluk wo wold u vote 4,ok i knw jihadist buhari ar b

Dnt knw weda I will vote him or no coz he neither develop nor under develop Nigeria, its complicate

When 2015 comes, my vote still goes bk 2 GEJ cos 2ru awt other presidents tenure, i have never gotten 24hrs light. With this very visible achievement nd with fact that he still has 2yrz+ to 2015, then i expect more from him.
Note- i speak for myself alone.

two things ar involvd here if we must remain tools for 2ruth!...1.within the circle of eligible contestants at hand, GEJ is the best..statuswise,a kind nigeria need if we tell 2ruth. 2.we also need ppl of his kind within the three arms of Govt. 2 get right. so he requires a support that has no ulterior motive. Nigerians will neva like to vote in a sincere person cos it will check illegalities nd in as much as party Godfathers endorses candidates, in their dubiuos characters, will always bring in impostors
https://www.nairaland.com/newpost?topic=1077795

GEJ all the way.
the guy dey try. I can see it all over him.
He's the only president that has grown more white hair and his cheek has shrinked since he assumed office.
I see sincerity and transparency in him.
He really want changes and he's dealing with the enemies diplomatically.

I will still vote for GEJ come 2015, though people may say he is slow, weak n whatever, i will still give him my mandate. HE MIGHT BE SLOW, WEAK, BUT THE BENEFITS WILL SPEAK LATER!

THERE IS CONSTITUTIONAL CONTROVERSY HERE.THE SUPREME COURT SHOULD ACT NOW TO INTERPRET THAT SECTION OF THE CONSTITUTION.IS IT 2TIMES SWORN-IN OR 2TIMES ELECTED THAT MAKES THE PRESIDENT INELIGIBLE TO CONTEXT 2015.?

jumyscrib: . Speak for urself-wat has he done to justify his coming back again?

What has he not done to justify his coming back,if all our past are proactive in the likes of OBJ/GEJ Naija 'll 've been a better place