The battle to stop President Goodluck Jonathan's bid to seek re-election in 2015 has shifted to the Court of Appeal.
A chieftain of the ruling Peoples Democratic Party (PDP), Mr. Cyriacus Njoku, is challenging Jonathan's eligibility to contest the poll.
Njoku's appeal is against the judgement of an Abuja High Court delivered by Justice Mudashiru Oniyangi which held that by the provision of Section 137 (b) of the 1999 Constitution, President Jonathan is eligible to run for the highest political office in the country.
Justice Oniyangi held that President Jonathan is currently on his first term of four years, stressing that "if he so wishes, he can seek from his political party or any other party, the sponsorship to contest in the 2015 presidential election."
The court held that Jonathan's tenure began on May 29, 2011, adding that he assumed the presidential seat in 2010 following the death of his boss, Alhaji Umaru Musa Yar'Adua, whom it said contested and won the 2007 election. the court insisted that the germane issues for determination were "whether the death of Yar'Adua and swearing- in of Jonathan to complete the tenure, remains four-year tenure? Did the first defendant (Jonathan) contest presidency the first time in 2001? Was he ever declared and sworn-in as president in 2007? Was he the presidential candidate of the PDP in 2007?"
Justice Oniyangi added that "the distinguishing factor is that after the election of Yar'Adua, there was no election or bye-election upon which Jonathan became president.
The judge said: "He was merely asked to assume the position. I will like to borrow the word that was used by the legislature then, doctrine of necessity.
"He was not elected into the position, but was asked to assume the position. Having exhausted that tenure, he sought and obtained the ticket of the party to contest for presidency in 2011.
"Consequently, it is my considered view that the first defendant is on his first tenure of four years. It, therefore, follows that if he so wishes, he can seek from his party to contest for presidential election in 2015. Let me put it on record in order to guide against any mischief; this court is not saying that he is the automatic candidate of the PDP or any party, but that he could seek for the sponsorship of his political party or any other party of his choice to vie for the position.
"He is running his first tenure and can aspire to seek for nomination like any other Nigerian to contest in 2015. I do not see how such right can affect the plaintiff in anyway. When that time comes the plaintiff can also seek alongside other aspirants to vie for presidency subject to nomination by his party."
The court equally held that Section 137 applies only when someone is elected and not when such person assumes the office like in the instant case.
"In the case of Jonathan, the section applies to when he was elected as president, by implication, when he took oath of office on May 29, 2011.
"I therefore hold that the tenure of office of the first defendant did not begin on May 6, 2010 but May 29, 2011. The constitution was clear that no person shall take oath of allegiance and oath of office prescribed in the seventh schedule of the constitution more than twice except on special circumstance as witnessed in the demise of Yar'Adua. Thus, the order of injunction against the first defendant contesting in 2015 is refused," the court added.
Dissatisfied with the judgement of the lower court, Njoku through his legal representatives, Chief Okoi Obono-Obla and Ugochukwu Osuagwu, is seeking an order of the Court of Appeal setting it aside.
The appeal premised on five grounds is specifically asking the appellate court to stop Jonathan from contesting or attempting to vie for the office of the president of the Federal Republic of Nigeria after May 29, 2015 when his tenure shall end.
The appellant further asked the court to restrain the PDP 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.
National Mirror