The coast may now have been finally cleared for President Goodluck Jonathan to seek re-election, as an Abuja High Court, yesterday, maintained that going by the express provision of Section 137(1) (b) of the 1999 Constitution, as amended, he is eligible to contest for presidency in 2015.
His party, the Peoples Democratic Party, PDP, had earlier indicated that it would sponsor Jonathan in 2015, if he so desired. In a judgment yesterday, the court presided by Justice Mudashiru Oniyangi, held that President Jonathan is currently on his first term of four years, stressing that “if he so wishes, he can seek from his political party or any other party, the sponsorship to contest in the 2015 presidential election.”
Nigerian President Goodluck Jonathan (L) and his
Ivorian counterpart Alassane Ouattara wave to the crowd on March 1, 2013 during
a visit to Yamoussoukro. Goodluck Jonathan is on a two-day official visit to
Ivory Coast. AFP PHOTO
The court further held that in the eyes of the law, Jonathan’s tenure
commenced on May 29, 2011, saying he only assumed the presidential seat in 2010
following the demise of his boss, late President Umaru Musa Yar’Adua who it
said duly contested and won the 2007 presidential election.In its interpretation of Section 137 of the constitution, the court, insisted that the germane issues for determination were “whether the death of Yar’Adua and swearing-in of Jonathan to complete the tenure, remains four-year tenure? Did the firstt defendant (Jonathan) contest presidency the first time in 2001? Was he ever declared and sworn-in as president in 2007? Was he the presidential candidate of the PDP in 2007?”
Justice Oniyangi further maintained that “the distinguishing factor is that after the election of Yar’Adua, there was no election or bye-election upon which Jonathan became president. He was merely asked to assume the position. I will like to borrow the word that was used by the legislature then, doctrine of necessity.
“He was not elected into the position but was asked to assume the position. Having exhausted that tenure, he sought and obtained the ticket of the party to contest for presidency in 2011.
“Consequently, it is my considered view that the first defendant is on his first tenure of four years. It therefore follows that if he so wishes, he can seek from his party to contest for presidential election in 2015. Let me put it on record in order to guide against any mischief; this court is not saying that he is the automatic candidate of the PDP or any party, but that he could seek for the sponsorship of his political party or any other party of his choice to vie for the position.
“He is running his first tenure and can aspire to seek for nomination like any other Nigerian to contest in 2015. I do not see how such right can affect the plaintiff in anyway. When that time comes the plaintiff can also seek alongside other aspirants to vie for presidency subject to nomination by his party,” he added.
The court equally held that Section 137, applies only when someone is elected and not when such person assumes the office like in the instant case. “In the case of Jonathan, the section applies to when he was elected as president, by implication, when he took oath of office on May 29, 2011.
“I therefore hold that the tenure of office of the first defendant did not begin on May 6, 2010 but May 29, 2011. The constitution was clear that no person shall take oath of allegiance and oath of office prescribed in the seventh schedule of the constitution more than twice except on special circumstance as witnessed in the demise of Yar’Adua. Thus, the order of injunction against the first defendant contesting in 2015 is refused.
’’ Application for an order restraining the second defendant, PDP, from sponsoring him is refused and dismissed. Likewise, application for an order directing the Indipendent National Electoral Commission, INEC not to accept Jonathan if sponsored by the second defendant in 2015 is also dismissed and refused. The plaintiff is to pay a token of N20,000, to each of the defendants,” Oniyangi ruled.
Earlier, the court had while upholding preliminary objections filed against the suit by both Jonathan and the PDP, held that the plaintiff who is also a chieftain of the party, Mr Cyriacus Njoku, lacked the locus-standi to institute the action, noting that the matter was pre-mature considering that Jonathan was yet to declare his intention to run for the election in 2015.
The court held that in-line with provision of Section 87 of the Electoral Act, a political party has the exclusive powers to nominate or pick candidates to sponsor in any given election, adding that such issue was a domestic affair of political parties which no court had the powers to determine.
“The mere fact that the plaintiff is nursing the ambition to be a candidate of the party does not confer right on him to seek to stop another candidate also nursing a similar ambition. It is crystal clear that the plaintiff’s suit did not disclose any cause of action; it is only an expression of interest to contest which is still at its embryo stage. At least, it is still within the realm of speculation and no court pays heed to speculation. All the grounds of objection by the defendants succeed and are sustained. The plaintiff lacks locus standi and the suit is accordingly struck out.”
Specifically, the plaintiff who is a registered member of the PDP in Zuba Ward, Abuja, in his suit, urged the court among other things, to determine “whether Section 135(2) of the 1999 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.”
Arguing that Jonathan was constitutionally barred from contesting the presidency in 2015, Njoku, also asked the 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 also sought 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 having taken his second oath of office on May 29, 2011; and by virtue of Section 136 (1) (b) of the Constitution, that 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.’’
He then prayed the court for an order of injunction restraining President Jonathan from further contesting or attempting to vie for President after May 29, 2015 when his tenure shall by the Nigerian Constitution end.
Furthermore, the plaintiff asked the court to issue an order of injunction restraining the PDP from further sponsoring or attempting to sponsor Jonathan as candidate for election to the office of the President in 2015, as well as make an order directing the INEC, to refrain from accepting the name of the 1stdefendant, Jonathan, should the party decide to sponsor him in the next presidential election.
However, both President Jonathan and the PDP, in separate preliminary objections they filed, described the siut as “frivolous and highly vexatious,” saying it ought to be dismissed in its entirety as grossly lacking in merit.
They argued 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.
“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,” the PDP stated.
It further maintained that Jonathan had not indicated or announced anywhere whether in words or in writing that he would contest 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 four years each.
In a 15-paragraph counter affidavit 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 against the suit, the Counsel to Jonathan averred: “I am a counsel in the law firm of Ade Okeaya-Inneh and Co. Counsel to the first 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 first defendant to The constitution recognizes the President’s tenure of office to be four years,” the PDP stated.
It further maintained that Jonathan had not indicated or announced anywhere whether in words or in writing that he would contest 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 four years each.
In a 15-paragraph counter affidavit 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 against the suit, the Counsel to Jonathan averred: “I am a counsel in the law firm of Ade Okeaya-Inneh and Co. Counsel to the first 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 first defendant 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 first defendant is currently doing his first term of four years in office as the president of Nigeria as provided by the 1999 constitution as amended. The first 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 two terms of four years each. The constitution recognizes the Executive President’s tenure of office to be four 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 first defendant 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 four years tenure, stressing that this was 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, and therefore, asked the court to terminate hearing on the suit, which 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.
Njoku had also in August 2010, attempted to stop the PDP from allowing Jonathan to participate in the PDP presidential primaries of January 2011.
The plaintiff, 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 then to contest the presidency on the PDP platform was contrary to Article7.2(c) of the 2009 Constitution of the PDP, as amended.
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