Barely 12 days to the general elections,
a suit has been filed at the Federal
High Court, Abuja challenging the
eligibility of President Goodluck
Jonathan.
The plaintiffs, who are Prof. Tunde
Samuel, Dr. Junaid Mohammed, Mr.
Razak Adeosun and Yahaya Ezemoo,
are pleading with the court to
restrain Dr. Jonathan from
contesting, putting himself forward
and or accepting to contest for the
office of President, Federal Republic
of Nigeria at the 2015 presidential
election.
The only defendant in the matter,
which is already assigned to Court 7,
is the President.
No date has been fixed for the
hearing of the application, which
was filed by a team of crack lawyers
mostly Senior Advocates.
The counsel in the matter are Yusuf
Ali (SAN), A. B. Mahmoud(SAN),
Adebayo Adelodun(SAN), Sirajo
Chedi (SAN), Dr. Tunji Abayomi,
Prof. Wahab Egbewole, K.K. Eleja
and A.O. Usman.
Six more Senior Advocates will join
the team whenever the legal
fireworks begin because the
plaintiffs have asked for two SANs
from each of the six geopolitical
zones.
Relying on Sections 135 to 146 of the
1999 Constitution, the plaintiffs
averred that Jonathan cannot take
the oath of office more than twice as
president.
They also said under the
constitution, any President of
Nigeria cannot be in office beyond
eight years of two terms.
They said if Jonathan is allowed to
contest and is sworn in as president,
he would be spending 10 years in
office contrary to the spirit and
intendment of the 1999 Constitution.
They urged the court to determine
three issues and sought for six
reliefs in the originating summons.
The plaintiffs’ prayers are as follows:
*whether having regards to the
intendment and general scheme of
the Constitution, especially the
provisions of sections 1 (1) &(2), 135
(1)& (2), 137(1)(b), 140 (1) &(2),142
(1)&(2) and 146(1)(3)(b)(c) thereof, it
is constitutional, lawful, legal and
permissible for a person to occupy
the office of the president for a
cumulative and or aggregate period
of more than eight years;
•whether having regards to the
intendment and the general scheme
of the Constitution, especially the
provisions of Sections 1(1) & (2) and
135(1) thereof, the defendant is
eligible to seek re-election or contest
for the office of the President of the
Federal Republic of Nigeria for
another term of four years, which
will bring his cumulative and or
aggregate period in office as
president beyond the eight years
maximum period allowable by the
Constitution;
•whether having regards to the
intendment and the general scheme
of the Constitution of the Federal
Republic of Nigeria 1999 (as
amended) especially section 1(1) &
(2), 135 (1)&(2), 137 (1)(b), 140 (1) &
(2), 142(1)& (2) and 146(1) (3) (b)&
(c) thereof, the period the defendant
served as President from May 6,
2010 to May 28, 2011, ought not to
be reckoned with and taken into
cognisance in computing the total
period he has spent and could spend
in office as President of Federal
Republic of Nigeria.
The plaintiffs asked for these reliefs.
•a declaration that having regards to
the provisions of the Constitution, it
is unconstitutional, unlawful, illegal
and not permissible for any person
to occupy the office of the President
for more than a cumulative and or
aggregate period of eight years when
the country is not at war and it is
practicable to hold election into the
office of President;
•a declaration that having regards to
the Provisions of the Constitution,
the defendant, is not eligible to seek
re-election into the office of
President for another term of four
years from 2015, as that would have
permitted him to occupy the office
of President, for more than the eight
years maximum period allowable by
the Constitution for anyone to
occupy the office of the President;
•a declaration that in computing the
period already spent in office as
President by the defendant, the
period from May 6, 2010 to May 28,
2011 should / ought to be reckoned
with.
•a declaration that having spent a
period of more than four years in
office as President reckoned from
May 6, 2010, the defendant is
without competence, eligibility,
authority or entitlement to contest
for the same office for another term
of four years;
•an order of injunction restraining
the defendant from contesting,
putting himself forward and or
accepting to contest for the office of
President at the 2015 presidential
election;
•and, for such further or other relief
(s) to which the plaintiffs may be
found entitled by the Honourable
Court in consequence of the relief(s)
earlier adumbrated on the
Originating Summons.
A member of the legal team, who
spoke in confidence, explained why
the latest suit is different from
others before on the eligibility of
Jonathan.
The source said: “The suit is
challenging the eligibility of Mr.
President to spend beyond eight
years in office in the light of
constitutional provision that forbids
any person to stay in office beyond
eight years.
“And also there is a court decision in
an election petition case on
Adamawa State, where it was held
that no circumstances should
warrant anyone to hold an elective
office beyond eight years.
“In Marwa and 1 other v. Admiral
Murtala Nyako and others (SC
141/2011), the court held that ‘the
constitution has no room for a
cumulative tenure exceeding eight
years.’
“This suit is different from the
previous ones challenging Mr.
President because he had neither
declared his intention nor was he
confirmed as a presidential
candidate for 2015 polls.
“Thus, the previous suits were
speculative. This suit is hinged on
the fact that having spent six years
in office, the president is seeking
another term of four years. Yet the
constitution says a President can
hold office for two terms of eight
years.”
Source: TheNation
