2015 Presidency: Court reserves ruling on Jonathan’s eligibility

By Ikechukwu Nnochiri

ABUJA – The Court of Appeal sitting in Abuja, yesterday, reserved ruling on the suit seeking to disqualify President Goodluck Jonathan from contesting the 2015 presidential election.

President Jonathan

A three-man panel of Justices of the appellate court led by Justice Abubakar Yahaya adjourned the matter on a day the Peoples Democratic Party, PDP, through its National Legal Adviser, Mr. Victor Kwon, sought the dismissal of the suit which it said was devoid of merit.

The PDP, maintained that there is nothing in the 1999 constitution forbidding President Jonathan from seeking for a re-election next year, even as it also urged the appellate court to disregard an application by one of its aggrieved presidential aspirants from Adamawa State, Dr. Umar Ardo, to be joined in the matter as an interested party.

Ardo had through his lawyer, Dr. A. Amuda Kannike, begged the court to join him in the substantive appeal which was lodged against Jonathan by a PDP member, Mr. Cyriacus Njoku, challenging the verdict of Justice Mudashiru Oniyangi of an Abuja High Court which had on March 1, 2013, declared the President legally fit to vie for re-election.

Insisting that the outcome of the matter will personally affect him since the PDP had already adopted the 1st Respondent, Jonathan, as its sole candidate for the impending Presidential poll, Ardo, told the court that he has garnered enough evidence with a view to proving that President Jonathan lacks the legal imprimatur to remain in office beyond 2015.

However, the PDP, in a 15 paragraphed counter-affidavit that was deposed to by one Nanchang Ndam, yesterday, challenged Ardo’s application, describing him as a serial Governorship aspirant in Adamawa State who has never been able to secure more than a dozen votes on each occasion.

It told the court that notwithstanding the right of first refusal which its members gave to President Jonathan regarding presidential nomination of the party; it said that it has already concluded arrangements to hold a National Convention on December 6 and 7, for the purpose of choosing its Presidential flag-bearer for the election.

PDP maintained that contrary to the contention of the applicant, it said that “all aspirants (including the applicant if he desires to run) would have a free and fair opportunity to run for the office”.

The party further averred: “That the affidavit is full of half truths and untruths contrived to mislead the Honourable Court into granting the reliefs the applicant seeks.

“That contrary to the deposition in paragraph 2 of the affidavit in support of the application, the applicant is not an aspirant to the office of President of the Federal Republic of Nigeria under the platform of the 2nd Respondent, having not obtained expression of interest or nomination form for the purpose as at 30th October 2014 which was the closing date. Attached as Exhibit A is a copy of the 2nd Respondent’s Timetable indicating that sale of forms for all primaries closed on 30th October 2014.

“That also contrary to the depositions in paragraphs 3 and 10 of the affidavit in support of the application, the applicant will not be prevented from seeking the office of the President of the Federal Republic of Nigeria one way or the other by the mere fact of the 1st Respondent being eligible to contest for the office or indeed contesting for the office in the 2015 general elections.

“Contrary to the depositions in paragraphs 4, 5 and 6 of the affidavit in support of the application, the applicant is a serial aspirant to the office of Governor of Adamawa State under the platform of the 2nd Respondent and has not ‎been able to secure more than a dozen votes on each occasion.

“That contrary to the depositions in paragraphs 8 and 9 of the affidavit in support of the application, notwithstanding the right of first refusal which members of the 2nd Respondent have given the 1st Respondent regarding the Presidential nomination of the 2nd Respondent, the 2nd Respondent has made arrangements to hold its National Convention for the purpose of choosing its Presidential Candidates for 6th -7th December 2014 in which all aspirants (including the applicant if he desires to run) would have a free and fair opportunity to run for the office. Attached as Exhibit B and C respectively are press release indicating fees and payments points for the expression of interest forms and nomination forms by all interested aspirants as well as letter to the 3rd Respondent ‎indicating the date of the national convention.

“That contrary to the depositions in paragraphs 12 and 13 of the affidavit in support of the application; the applicant was not a party to the suit subject of this appeal.

“That no relief was sought against the applicant in the suit subject of this appeal. That no relief was sought against the applicant in the suit subject of this appeal.

“That no relief sought in the suit subject of this appeal inured to the benefit of the applicant and none affected the applicant personally or otherwise. That it is in the interest of justice to dismiss the applicant’s application since he has no personal interest in the appeal”, it added.

It will be recalled that President Jonathan had also challenged the competence of the suit seeking to stop him from re-contesting, just as he equally queried Dr. Ardo’s locus-standi to join in the suit.

In an 18 paragraphed counter affidavit deposed to by one Kenechukwu Nomeh, Jonathan branded the appeal as “legally defective”, adding that Ardo’s application was filed beyond the period approved by the constitution.

He noted that whereas the main appeal by Njoku was filed on April 16, 2013, the applicant, waited till September 23 to apply with a view to be allowed to seek his disqualification from participating in the 2015 election.

Meantime, Njoku who is a registered member of the PDP in Zuba ward, Abuja had in his appeal, insisted that the lower court misinterpreted the law to favour Jonathan, even as he urged the court 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.”

Arguing that Jonathan is constitutionally barred from contesting the Presidency in 2015, Njoku, further prayed 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 is also 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.

He further asked 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.

Aside Jonathan, other respondents in the appeal are the PDP and the Independent National Electoral Commission, INEC.

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2015 Presidency: Court reserves ruling on Jonathan’s eligibility