2015 Election: Court Reserves Ruling On Jonathan’s Re-election

A Federal High Court in Abuja on Monday adjourned a suit filed by Olatoye Wahab and Adejumo Ajegbe, seeking to disqualify President Goodluck Jonathan from seeking re-election till January 12, 2015 Premium Times reports.

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Justice Ahmed Mohammed said he will rule on the application on January 12, after listening to submissions from both counsel.

The plaintiffs had enjoined the court to find out whether the president was constitutionally eligible to seek re-election, having participated as candidate and emerged winner in two previous presidential elections.

They disputed that President Jonathan had in 2007 contested and won presidential election on a joint ticket with late President Umaru Yar’Adua and in 2011, thereby taking oath of office twice.
They argued that President Jonathan would have been sworn in twice and spent a commutative period of more than eight years as prescribed by the 1999 Constitution as amended.

The plaintiffs also argued that by the combined effect of Section 135(2) (a) and (b) of the Nigerian Constitution, a person sworn-in twice as President is deemed to have been elected to that office twice.

Therefore, they pleaded with the court to determine if President Jonathan, having been elected and sworn in twice, would not have exhausted the constitutionally allowed maximum of two terms if allowed to seek re-election.

Mahmoud Magaji, the counsel to the plaintiffs, on Monday, brought an application seeking to transfer the suit to the Court of Appeal for determination.

The application was denied by the Attorney-General of the Federation’s counsel, who argued that “the Federal High Court is constitutionally empowered to interpret the constitution and determine the case.”

He said that the case bordered on interpretation of the provisions of the constitution and referring it to the Court of Appeal would amount to the trial court abandoning its responsibility.
Justice Mohammed, therefore, adjourned the case until January 12, 2015 for ruling on the application.

It would be recalled that the supreme court recently squashed the suit against President Goodluck Jonathan that sought to disqualify him from participating in next year’s presidential election.

 

2 COMMENTS

  1. Of course Wahab and Ajegbe are nobodies, so can afford to sacrifice themselves as pawns in a well ochestrated game by desperate power seeking rogues and religious extrimists. “Dem eye go clear very just now.”