Court Okays Jonathan’s Eligibility To Contest March 28 Poll

The Court of Appeal, Abuja Division has declared President Goodluck Jonathan eligible to re-contest in the March 28 presidential election. The Peoples Democratic Party (PDP) has congratulated him over yesterday ruling of the Court of Appeal, which upheld his eligibility to contest the 2015 Presidential election.

PDP National Publicity Secretary, Olisa Metuh in a statement yesterday said the court ruling represents a positive step towards Jonathan’s impending overwhelming victory at the polls come March 28, 2015.

The court, in its judgement on an appeal brought by one Cyriacus Njoku, challenging the decision of an Abuja High Court which had on March 1, 2013 dismissed the suit he (Njoku) filed to stop Jonathan from re-contesting in the 2015 general elections said that the President has contested the Presidential election only once and is eligible to re-contest..

In the lead judgement delivered by Justice Abubakar Yahaya, who led four other Justices, the court unanimously held that President Jonathan had only spent one term in office as the President going by the provision of the Constitution.

The court noted that it is fundamental that where a party lacks locus, the court cannot assume jurisdiction.

The court upheld the decision of the lower court which dismissed cyriacus’s suit for lack of locus standi.

“We agree with the lower court that the appellant has no locus to sue”, the court held.

On the cause of action, the court held that the case of the appellant was speculative and imaginary as none of the reliefs he sought accrued to him any benefit.

On the issue of taking oath of allegiance twice by the President, the court held that taking oath of office twice, the court noted that the constitution is the grund norm and sacrosanct to the extent that all other laws emanated from it and such it must be respected and obeyed by every Nigerian.

“In this appeal, it is not controverted by the appellant that the first oath taken by the first defendant (Jonathan) was the oath he took as the Vice President and not as President.

“But he took the oath in May 2010 to complete unexpired tenure of late Umaru Musa Yar’Adua.

The PDP also applauded President Jonathan for always remaining focused and upholding democratic principles, which enable Nigerians to operate in an environment that allows for full expression of fundamental rights.

Commending the judiciary for its stabilizing role in the polity, the PDP urged its members and supporters across the country to close ranks and stand on the platform of this judicial victory to intensify efforts for eventual electoral victory for the president and other candidates of the party in the general elections. (Leadership)