It will be recalled that Chief Cyriachus Njoku, a member of the PDP, filed the suit in March 2012.
Delivering the judgment, Justice Mudashiru Oniyangi held that Jonathan had not yet served two terms as substantive president hence he was eligible to contest in 2015.
“The first defendant (Jonathan) neither contested the office of the president before 2011 nor got nomination of his party to contest same election before 2011.
“Jonathan, to my knowledge, in 2007 contested the general election as a vice president and nothing more.
“Section 135 (2) of the 1999 constitution spells out the tenure of the President to be four years single term, while Section137 (1b) prescribes that the President can only be administered with Oath of office and Oath of allegiance twice.
“In the case of Jonathan, his mere assumption of the office of the President was necessitated by what the National Assembly described as doctrine of necessity because of the demise of late President Umar Yar’Adua.
“It is therefore the interpretation of this court that Section 135 (2) can only be applicable with the person elected as president.
“Jonathan’s emergence as President on May 6, 2010 did not amount to his being elected; and so, the action did not give credence to the allegation of first oath taking.
“In the circumstance of the forgoing, Jonathan is just serving his first tenure, and therefore free to seek nomination of his party or any other political party if he so wishes to fulfill his presidential ambition,’’ he said.
Giving a number of consequential orders, the judge, however, held that Jonathan could be barred from seeking the position of president beyond 2015 if he failed to obtain nomination of a political party.
Oniyangi further ordered that the second defendant (PDP) be barred from fielding Jonathan as its Presidential Candidate after 2015.
The judge ordered that the Independent National Electoral Commission (INEC) must reject the nomination of Jonathan as presidential candidate of any political party after 2015.
The judge was however quick to add that the ruling does not mean Jonathan should be the sole candidate of the PDP in the next elections.
“Let me, however, say here that this decision is not by any means a declaration of President Goodluck Jonathan as a sole candidate of the PDP in the forthcoming 2015 general elections,’’ he said.
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