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They also said under the constitution, any President of Nigeria cannot be in office beyond eight years of two terms.

And this is jst his first term

Na God go polish that court

slimmy05:
How were they jointly elected? are you equaling the position of the president and the vice? Don't appear to be this dull, I bet you can do better by just shutting up.

Don't mind him. He should also tell us if Mr. Atiku Abubakar is qualified to run for the office of the President since he was also "jointly elected" with Mr. Olusegun Obasanjo who ruled this country for eight ( years. Smh, hatred has really blinded the mind of certain individuals.

omogidi234:
I like your argument sir. But let the court decide whether President Jonathan was elected with Yardua or ONLY Yardua was elected.

Can a former V. President (e.g. Atiku Abubakar) and a former Deputy Governor (e.g. Hon. Victoria Adejoke Orelope-Adefulire) aspire to contest for the office of the President and Governor respectively after eight ( years with their boss?

APC and PDP giving each other 'tomtom' to chew with court cases. Distraction for me, distraction for you.

Suits and counter-suits
hahaha

February 14th can't come any sooner.
#SickandTired

Obinoscopy:
This is a lost case. There's no place in the constitution where they said one can't be president for more than eight years. Even in the Marwa and 1 other v. Admiral Murtala Nyako and others (SC 141/2011) case, the court held that ‘the constitution has no room for a cumulative tenure exceeding eight years.’ Emphasis on the word "tenure". Jonathan has only done one tenure of four years. The previous tenure wasn't his but that of Yar adua. Thus Jonathan is eligible for his shot at second tenure of four years.

Also if you look critically at section 137 (1), subsection b, it says: 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. Emphasis on the word "elected". Jonathan has only been elected into office once. The previous opportunity he had at been a president wasn't via election but via Yar adua's death. Thus Jonathan is eligible to seek to be elected into office for the second time.

I also recommend anyone who feels like arguing with me to first and foremost read and digest the entire content of this thread: https://www.nairaland.com/1889229/adamawa-gubernatorial-election-im-confused

Anyway, let's see how it plays out in the court. This election is getting more and more interesting.

For filing a suit such as this in an area of the law where the issues being canvassed have been long settled...in saner climes like the US, Western Europe....these lawyers would for sure be guaranteed their exit from the list of legal practitioners eligible to ply their trade....
Well this can never happen as these are the same set of people who run the show within legal circles......
We need to have a strong ethical revolution at the bar....I do not see that happening too soon.......
The only concerted efforts in recent times after a long lull for is to see such an attempt made at striking some semblance of accountability in the minds of legal practitioners was under the Uwais led Supreme Court when a misguided legal practitioner who threw courtesy to the winds in open court, and alleged that the Justices of the court had been compromised by the adverse party.
The Lawyers whose names appear on the court processes as well as who have the effrontery to appear for the Plaintiffs should be made to appear before the Legal Practitioners Disciplinary Committee preparatory to their disbarment to serve as deterrent....
But who would bell the proverbial cat in Nigeria....where impunity is the order of the daay....

Obinoscopy:
This is a lost case. There's no place in the constitution where they said one can't be president for more than eight years. Even in the Marwa and 1 other v. Admiral Murtala Nyako and others (SC 141/2011) case, the court held that ‘the constitution has no room for a cumulative tenure exceeding eight years.’ Emphasis on the word "tenure". Jonathan has only done one tenure of four years. The previous tenure wasn't his but that of Yar adua. Thus Jonathan is eligible for his shot at second tenure of four years.

Also if you look critically at section 137 (1), subsection b, it says: 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. Emphasis on the word "elected". Jonathan has only been elected into office once. The previous opportunity he had at been a president wasn't via election but via Yar adua's death. Thus Jonathan is eligible to seek to be elected into office for the second time.

I also recommend anyone who feels like arguing with me to first and foremost read and digest the entire content of this thread: https://www.nairaland.com/1889229/adamawa-gubernatorial-election-im-confused

Anyway, let's see how it plays out in the court. This election is getting more and more interesting.

This post is a wrong interpretation of the law. It's settled since the case of Boni Haruna in Adamawa state where the court held that in the present dispensation the governor and deputy have a joint tenure. And this ruling paved the way for Haruna to be sworn-in without the need for another election when Atiku abandoned Adamawa governorship he had won to become the vice-president. By this judgment, even if the governor had been sworn into office his deputy would be serving his first tenure when he assumes office as governor. The samething applies mutatis mutandi to the office of the president/vice-president. So constitutionally Gej is currently in his second term.

U-N-C-O-V-E-R-E-D!!! Jonathan Must Leave By All Means: And Why Opposition Leaders Are Crying Loud. (by Chidi Cali, Oxfordshire, United Kingdom.) Some of the decision of President Goodluck Jonathan has not gone down well with some of leaders and Money bags of APC, as he closed some of their sources of defrauding Nigeria.
(1) Majority of the Oil Blocks license in Nigeria will be expiring in few months and many of them are scared that President Jonathan might not renew their license. They want him out by all means to retain the Oil blocks license.
2] It hurt them that President Jonathan ended their subsidy fraud. Govt reduced the payment from N1.4Trillion in 2011 to less than N400Billion in 2013 and yet there is no scarcity of Fuel in the last 3 years.
3] Jonathan sold off NEPA and ended their fraudulent NEPA contracts. Now local and International companies are building their power plants to stabilize Power. They will not use any NEPA staff to put SALT on our Power plants again to put everyone in darkness.
4] Jonathan removed 57,000 ghost workers and 43,756 Ghost Pensioners from civil service and reduce their wealth. These rogues are using their wealth to pay newspapers, Online media blogs to be lying and sharing propaganda against the President. The Ignorants joined them to shout CHANGE.
Are they changing to re-employ the removed Ghost workers or the Pensioners. Be warned about the CHANGE they want you to Vote For.
5] The President handed NPA verification to a third party and eliminated port frauds. They do not benefit anymore, by dubiously seizing People goods and turning round to buy them in Auction. It is now 24 hours operation and surveillance giving no room for their agents to steal or frustrate Importers.
They want their evil reign to return. That is their CHANGE.
6] The cabals were hurt when Jonathan blocked their monopoly of fertilizer distribution and now supply straight to real farmers at a discounted prices. Farmers do not go through Ward chairmen, Party Excos, Politicians or any 'Timber and Caliber' to get Fertilizer.
7] They want Jonathan out by all means, he blocked their hoarding of petroleum product and stopped Nigerians from sleeping at filling stations and many roasted alive in any event of fire outbreak in filling stations.
Their black market business has been destroyed by Jonathan's proper management of the supply of these Products and because of this, they ruled that he has failed. Jonathan did not fail let be Honest to ourselves Nigeria, but he failed the Oil Profiteers and thieves.
8] Jonathan's re-introduction of One-man-one- vote did not go down well with them. With Soldiers, Police, Secret Police, Civil Defense at Polling Units, Ballot box snatching and stuffing is now a thing of the past. They made you to believe that Jonathan has failed because Polling units are no more in people's seating room. You forget that the President Party won only in 1 of the 4 governorship election conducted when started his tenure in 2011. Imo - APGA, Anambra - APGA, Edo - APC, Osun-APC, Ekiti - PDP. This will NEVER happen during OBJ government.
9] They want Jonathan out of office because they are aware that the 2016 Census will correct the Population lies imposed on Nigerians over 60 years ago. They are MAD that Jonathan will use conduct electronic census, where only Human beings will be counted and zero chance of one person counted twice. THIS IS THE CHANGE YOU ARE HEARING.
10] Nigeria grows its food now, trains are running, our Airports are of international standard, Our roads are safer and motor able, University funding doubled and more Build to admit more Jambites, Our street children in the North (Almajiri) are given opportunity to learn and live in comfortable school Hostels and eating good food,not left-overs, 13 local Motor assembling and Manufacturing company relocates to Nigeria, 9 Local and International Power companies building their power plants since last year to improve of electricity need. ONE WILL ASK, WHAT CHANGE ARE THESE PEOPLE TALKING ABOUT AGAIN? Jonathan has shown Nigerians what real democracy supposed to be. He is not killing or jailing his opponents or those that insulted him in the Media cannot be seen as a weakness, but his respect to the law and life. He never sent anyone to prison for a mere allegation of corruption with prove. He allowed them fair and independent hearing by those charged with this responsibility. These shows his Meek spirit and understanding that he cannot build a better Nigeria alone and that we need every hands on deck to achieve a bigger, better, prosperous and peaceful Nigeria. God Bless Nigeria.

Ok. If Goodluck has ruled 6yrs and has the right to rule only for 8yrs, then election should hold till 2017 for him to complete his 8yrs jor. Besides, it's not his fault that Yar'Adua died.
GEJ till 2017
GEJ till 2019

omogidi234:
I like your argument sir. But let the court decide whether President Jonathan was elected with Yardua or ONLY Yardua was elected.

Yar Adua was elected as President while Jonathan was not elected as President. Rather Jonathan was elected as Vice President. If Yar Adua didn't die and suceeded in completing two tenures as allowed in the constitution, it would not count against Jonathan as he would still be eligible to contest for two tenures of 8 years.

mu2sa2:
This post is a wrong interpretation of the law. It's settled since the case of Boni Haruna in Adamawa state where the court held that in the present dispensation the governor and deputy have a joint tenure. And this ruling paved the way for Haruna to be sworn-in without the need for another election when Atiku abandoned Adamawa governorship he had won to become the vice-president. By this judgment, even if the governor had been sworn into office his deputy would be serving his first tenure when he assumes office as governor. The samething applies mutatis mutandi to the office of the president/vice-president. So constitutionally Gej is currently in his second term.

Atiku was never sworn in as Governor after winning the elections, rather it was Boni Haruna that was sworn in as Governor. So its Haruna's tenure.

In the case of Yar Adua/Jonathan, Yar Adua was sworn in as President after the winning elections.

Have you seen the difference?

Obinoscopy:
Atiku was never sworn in as Governor after winning the elections, rather it was Boni Haruna that was sworn in as Governor. So its Haruna's tenure.

In the case of Yar Adua/Jonathan, Yar Adua was sworn in as President after the winning elections.

Have you seen the difference?

The swearing-in is not the issue. The court held that governor/deputy governor have joint tenure and that explains why the deputy was sworn in otherwise another election would have to hold. People saying Gej only completed yaradua's tenure should note that the constitution does not contemplate anyone being sworn-in three times into the office of governor or president. Supposing yaradua died the day he was sworn-in and Gej took the oath of office the next day, thereby serving 4 years less 0ne day, would you in good conscience still maintain that Gej only served out the remainder of yaradua's tenure?

mu2sa2:
The swearing-in is not the issue. The court held that governor/deputy governor have joint tenure and that explains why the deputy was sworn in otherwise another election would have to hold.

The governor-elect/deputy governor-elect have a joint ticket. But that joint ticket ceases immediately the swearing-in is done. If Atiku had been sworn-in, that tenure would have been counted for Atiku and not Haruna

People saying Gej only completed yaradua's tenure should note that the constitution does not contemplate anyone being sworn-in three times into the office of governor or president.

There's no place in the constitution where it forbade one being sworn-in more than two times.

Supposing yaradua died the day he was sworn-in and Gej took the oath of office the next day, thereby serving 4 years less 0ne day, would you in good conscience still maintain that Gej only served out the remainder of yaradua's tenure?

My answer is a big YES.

I will buttress my YES by asking you this question:

"Supposing Yar Adua died the day before he was to hand-over and GEJ took the oath of office the same day, thereby serving only one day, would you in good conscience still maintain that GEJ served his own tenure of four years?"

Obinoscopy:
The governor-elect/deputy governor-elect have a joint ticket. But that joint ticket ceases immediately the swearing-in is done. If Atiku had been sworn-in, that tenure would have been counted for Atiku and not Haruna

There's no place in the constitution where it forbade one being sworn-in more than two times.

My answer is a big YES.

I will buttress my YES by asking you this question:

"Supposing Yar Adua died the day before he was to hand-over and GEJ took the oath of office the same day, thereby serving only one day, would you in good conscience still maintain that GEJ served his own tenure of four years?"

Your opinion is flawed. How can you reason that a succeeding deputy is serving out the tenure of his predecessor? Joint tenure means their term is inseparable. So, if the deputy served one day that's his first term - after all s/he is not compelled to be sworn-in. Gentleman, get it straight, law does not always coincide with common sense.

mu2sa2:
Your opinion is flawed. How can you reason that a succeeding deputy is serving out the tenure of his predecessor? Joint tenure means their term is inseparable. So, if the deputy served one day that's his first term - after all s/he is not compelled to be sworn-in. Gentleman, get it straight, law does not always coincide with common sense.

I want you to click on this thread and follow the argument from here: https://www.nairaland.com/1889229/adamawa-gubernatorial-election-im-confused/1#26058713

Take particular interest in Modhream's argument.