Appeal court reserves ruling on Jonathan’s eligibility

THE Court of Appeal, Abuja yesterday reserved its verdict on whether or not President Goodluck Jonathan is eligible to contest the presidential election on March 28, 2015.

  After conclusion of arguments, the Presiding Judge, Justice Datijo Yahaya who adjourned sine die for its decision said that hearing notices would be served on parties.

  Other members of the panel that heard the appeal are Justices Akomolafe Wilson (Mrs.), T.Y. Hassan, J. E. Ekannem and M. Mustapha.

  Arguing the appeal, counsel for the appellant, Cyriacus Njoku, Chief Okon Obono Obla, prayed the court to hold that his client had locus to file the case.

  He prayed the court to dispense with the old interpretation of locus standi and embrace the more liberal interpretation of the Court of Appeal in the case of the late human rights lawyer and activist, Chief Gani Fawehinmi (SAN) in the action he brought challenging the payment of salaries to the Finance Minister Dr. (Mrs.) Ngozi Okonjo-Iweala in U.S. Dollars.

  Having been dismissed at the trial court for want of locus, Fawehinmi got judgment at the Court of Appeal where the court agreed that he had locus standi because he was a tax-payer.

  He also urged the court to hold that President Jonathan’s declaration and adoption as the presidential candidate of the PDP while the appeal was pending is wrong.

  On their part, the President and the PDP, represented by Victor Yusufu Kwon, its National Legal Adviser urged the court to dismiss the appeal.

  They said that Jonathan did not act lawlessly as the President and PDP’s actions were supported by the extant judgment of Justice Oniyangi of the FCT High Court.

  “The party nominated Dr. Goodluck Jonathan as its presidential candidate and in doing that it was in line with the extant judgment, so it is wrong for anybody to suggest that the PDP acted lawlessly in adopting the President,” Victor Yusufu Kwon said. 

  In 2013, Cyriacus Njoku had instituted an action in the High Court of the Federal Capital Territory, (FCT) Abuja seeking a declaration that the tenure of office as President Goodluck Jonathan, that is, 1st Defendant, 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 on May 29, 2011.

  According to him, by virtue of Section 136 (1) (b) of the Constitution no person (including the 1st Defendant) shall take the Oath of Allegiance and the Oath of Office prescribed to in the Seven Schedule to this Constitution.

  He is praying the court for an order of injunction restraining Jonathan from further contesting or attempting to vie for the office of the President of Nigeria after May 29, 2015 when his tenure ends.

  He also asked for an order restraining the PDP (2nd Defendant) from further sponsoring or attempting to sponsor Jonathan as candidate for election to the Office of the President in the 2015 presidential election after the expiration of his two terms on May 29, 2015.

  However, on March 13, 2013, the FCT High Court, Abuja presided over by Justice Mudashiru N. Oniyangi (as he then was) delivered its judgment dismissing the case but  holding that President Jonathan was‎ free to contest the 2015 presidential election under the platform of the PDP.

  On April 16, 2013, Njoku filed a Notice of Appeal in the registry of the FCT High Court, Abuja, seeking the Court of Appeal to set aside Oniyangi’s judgment and in its stead grant all the reliefs sought by him in his Originating Summons dated March 12, 2013.