A Federal High Court in Abuja has ordered that President Goodluck Jonathan be served with court documents in a new suit seeking to disqualify him from seeking re-election in the forthcoming poll.

There are two pending suits seeking Jonathan’s disqualification from participating in the presidential election, now re-scheduled to hold on March 28, before Justice Ahmed Mohammed of the Federal High Court, Abuja.

There is another one pending before the Court of Appeal in Abuja.

Justice Mohammed, to whom the new suit was assigned, on Friday, granted an ex-parte order directing the service of the court papers on Jonathan.

The judge ordered that the court papers be served on the President, either through the office of the Secretary to Government of the Federation or that of the Attorney General of the Federation.

The judge made order for substituted service on Jonathan following the complaint of the plaintiff, Nkemjika Nkemjika, in his ex parte application that it was impossible to effect personal service on the President, who resides in the well-fortified Aso Rock Villa, Abuja.

The President, the Independent National Electoral Commission and the Peoples Democratic Party are the defendants in the suit.

Nkemjika asks the court, in his suit marked FHC/ABJ/CS/1112/2015, to determine whether, having regard to the provisions of sections 135(1)(b) and 135(2)(b) of the Constitution, President Jonathan was qualified to contest this year’s presidential election.

The plaintiff argued that Jonathan’s second term in office would end on May 29, 2015, because Section 135(2)(b) of the Constitution that determines the tenure of office of the country’s President, did not make any provision for a Vice-President to complete the unexpired tenure of office or unexpired term of office of a deceased President.

He contended that Jonathan would have been eligible to further contest this year’s presidential election if he had won an election overseen by the Senate President in 2010 in accordance with the provision of Section 146(2) of the Constitution.

Section 146(2) provides that: “Where any vacancy occurs in the circumstances mentioned in sub-section 1 of this section during a period when the office of the Vice-President is also vacant, the President of the Senate shall hold the office of the President for a period of not more than three months, during which there shall be an election of a new President, who shall hold office for the unexpired term of office of the last holder of the office.”

The plaintiff urged the court to nullify the nomination of Jonathan as PDP’s candidate for the forthcoming presidential election in view of the provision of Section 135(1)(b) of the Constitution, to the effect that “a person shall hold the office of President until he dies whilst holding such office.”

Justice Mohammed has adjourned further hearing in the case to February 26.

Sanchez01:
I'm seeing things...

TANoids and GEJ now have worries on their hands.


#March4Buhari

clevvermind:
if you think that this people are wasting their time, click share.

The plaintiff argued that Jonathan’s second term in office would end on May 29, 2015, because Section 135(2)(b) of the Constitution that determines the tenure of office of the country’s President, did not make any provision for a Vice-President to complete the unexpired tenure of office or unexpired term of office of a deceased President.

He contended that Jonathan would have been eligible to further contest this year’s presidential election if he had won an election overseen by the Senate President in 2010 in accordance with the provision of Section 146(2) of the Constitution.

Section 146(2) provides that: “Where any vacancy occurs in the circumstances mentioned in sub-section 1 of this section during a period when the office of the Vice-President is also vacant, the President of the Senate shall hold the office of the President for a period of not more than three months, during which there shall be an election of a new President, who shall hold office for the unexpired term of office of the last holder of the office.”

The plaintiff urged the court to nullify the nomination of Jonathan as PDP’s candidate for the forthcoming presidential election in view of the provision of Section 135(1)(b) of the Constitution, to the effect that “a person shall hold the office of President until he dies whilst holding such office.”

gists:


This will be easy to get over giving the tyrannical nature of the GEJ. Except APC steps in and play dirty, an unknown Nkemjika stands no chance against the president in a corruption-entrenched judiciary system like ours.

Sanchez01:



Since it's obvious you didn't understand the article, I believe the bolded could help you out.

clevvermind:
Jonathan till 2019 is my take. i don't give a fvck about this.

diluminati:
Watch out - the news some saTAns dont wana hear - gej disqualified

Sanchez01:

Even those who pay you understand that you must engage in debates and put reasoning first before you GEJ till May 2015 rant.
Lolz... This won't definitely go down well with them

clevvermind:
i don't need to waste my time on this crap that will collapse at the end of the day. they can never disqualify Jonathan. if they like, let them quote all the laws in the world. it would amount to waste.

abeg make i go sleep jor.

Caseless:
I have said it that something bigger than the usual controversy shall befall GEJ before march 28. If he does not get incapacitated or taken out of public eye due to an unknown illness, Or he shall face what Laurent Gbagbo faced very soon. He's going to wish the elections weren't postponed when the trouble starts for him.

This one is too much o. Haba! Let's allow the law play its part and even if he finds a way to go about the disqualification (which I would prefer), he'd still lose to GMB at the polls.





#March4Buhari