Tuesday, March 20, 2012

President Goodluck Sued Over 2015 Race

Despite the ban on campaign for 2015 poll, President Goodluck Jonathan was yesterday sued at an Abuja High Court by a member of the Peoples Democratic Party (PDP), Mr. Cyriacus Njoku, over the  status of which term he is serving in office. 
The suit followed a declaration by the President last week that he is serving his first term in office. 
The applicant, is, however, claiming that Jonathan is running a second term in office and cannot be a candidate in 2015. 
He also said the President cannot swear to an Oath of Office thrice in the light of Section 137(1) (b) of the 1999 Constitution.
Those joined in the matter are the President (first respondent), the PDP (second respondent), and the Independent National Electoral Commission (INEC) as the third Respondent. 
But the PDP refused to be served the originating summons yesterday, claiming that it has no National Secretary or National Legal Adviser in place. 
The applicant however, through his counsel, Mr. Osuagwu Ugochukwu, raised two questions for determination by the court. 
These are: 
•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 
•Whether Section 137(1) (b) of the 1999 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 1st Defendant who first took an Oath of Office as substantive President on May 6, 2010 and took a second Oath of Office as President on May 29, last year.
This is the second time that Njoku will take the President to court. 
He had in August 2010  attempted to stop PDP from allowing Jonathan to participate in the  PDP presidential primaries  of January 2011. 
Njoku, from Zuba Ward in Gwagwalada Area Council and with PDP registration number 1622735, had urged the court to ask the PDP to respect its principle on zoning formula in line with Article 7. 2(c) of the party’s constitution. 
He said the declaration of Jonathan (third defendant) to contest the presidency on the PDP platform was contrary to Article7.2(c) of the PDP 2009 Constitution (as amended). 
But the Chief Judge of the FCT High Court, Justice Lawan Gummi dismissed the zoning suit.

No comments:

Post a Comment