The Peoples Democratic Party (PDP) has told a Federal High Court
in Abuja that President Goodluck Jonathan has an inalienable right to contest
the 2015 presidential election, saying that the party cannot afford to stay
aloof when his eligibility to contest is being challenged.
The PDP stated this yesterday in its joinder application in a
suit by a Port Harcourt-based lawyer and PDP card carrying member, Henry Amadi.
The plaintiff is asking the court to stop Jonathan from participating as a
candidate for the 2015 presidential election after his current tenure of
office.
In the suit before Justice Adamu Bello Amadi, the plaintiff, who
named Jonathan and the Independent National Electoral Commission (INEC) as
co-defendants to the suit, also wants the court to hold that Jonathan is ineligible
to contest the 2015 poll on the grounds that he would be spending more than the
maximum period of two terms of four years as envisaged by the 1999 Constitution
(as amended).
But the PDP, in its joinder application, wants the court to join
it as a necessary party on the grounds that the outcome of the suit will affect
the party.
The joinder application, which was filed by the PDP
national legal adviser, Mr Victor Kwon, also wants the court to make
consequential order directing the plaintiff to amend his originating processes
to reflect the PDP as a defendant and cause same to be served on the party.
In a four-paragraph affidavit in support of the application and
a written address, Kwon argued that, from the reliefs sought by the plaintiff,
the PDP’s right to sponsor Jonathan for 2015 presidential elections was
being challenged.
“This action,” the party said, “cannot effectually and
completely be determined without joining the applicant herein. By the very
tenor of the reliefs sought by the plaintiff, this suit questions the right of
the applicant to sponsor one of its members (Jonathan) for the 2015
presidential elections. The applicant herein seeks to protect its interest in
the present action by this application.
“Having been sponsored by the applicant (PDP) for the 2011
election - and Jonathan being a member of the PDP who is capable of been
sponsored for the 2015 presidential election, the PDP will directly be affected
by the outcome of the decision of this court one way or the other.”
The court has fixed February 26 for the hearing of PDP’s
application, following the argument of the plaintiff’s lawyer, Mr. C.N.
Eke, opposing the application for joinder.
Eke also told the court that he would like to file his
preliminary objection against the PDP’s application for joinder before the next
adjourned date.
Jonathan had earlier responded to the suit, arguing that
contrary to the provision of the 1999 Constitution, an incumbent president’s
tenure could extend beyond four or eight years.
The suit is similar to another one filed by a chieftain of the
PDP, Mr Cyriacus Njoku, before an Abuja High Court on March 20, 2012, asking it
to stop Jonathan from contesting presidential elections in 2015 on the
grounds that he was already in his second term in office.
Justice Mudashiru Oniyangi had earlier fixed November 13, 2012,
to deliver judgement in Njoku’s suit but subsequently adjourned it indefinitely
without giving any reasons.
In the current suit, Amadi also asked the court to direct the
INEC not to accept Jonathan’s nomination as candidate of the PDP by 2015
because, by so doing, Jonathan would foist illegality in the polity since the
oath of allegiance and office he would take if he won would violate the two
oaths of allegiance and office stipulated by the 1999 Constitution.
But in the counter-affidavit filed on his behalf by Mr Ade
Okeaya-Inneh (SAN), Jonathan argued that court lacked the jurisdiction to
entertain Amadi’s suit, saying that the plaintiff was an ordinary individual
who was not qualified to request court to stop him from contesting the 2015
presidential election.
Jonathan said Amadi failed to disclose reasonable cause of
action and that the plaintiff’s claim was hypothetical and academic. Jonathan
also averred that he took the first oath of office on May 6, 2010, following
the death of former President Umaru Musa Yar’Adua.
Okeaya-Inneh said, “The question that arises for determination
is whether, having regard to the facts of this case, he is in his first or
second term. In other words, given that the constitution prescribes a maximum
of two terms of four years, each totalling a maximum of eight years as
president, is he eligible to run for re-election in 2015?
‘’If yes, that would mean that, if he wins, he would be in
office for a period of more than eight years. On the other hand, if the answer
is no, that would mean that he, for no fault of his, would be constrained to
serve for a period of less than eight years.
‘’Given that between May 6, 2010, and May 28, 2011, he held
office for the unexpired term of office of the late President
Yar’Adua following the death of the latter, does the constitution
contemplate that the period of about one year and three weeks would constitute
his first term, a period of less than half of the constitutionally prescribed
period of four years.
“In resolving this issue, the court is invited to make a
determination whether the period of May 6, 2010, to May 28, 2011, wherein
Jonathan occupied the office of the president can, in law, be regarded as one
term of office, and relevance of the oath of office Jonathan took on May 6,
2010, in computing the tenure of office of Jonathan in line with sections 135
(1) and (2), 137 (1)(b), 140 (1) and (2) and 146(1) of the 1999 constitution.’’
The senior advocate argued that it was better with the political
situation of Nigeria for Jonathan to spend nine years in office than to spend
less than eight years.
“This approach is also consistent with the time-honoured canon
of interpretation to the effect that if confronted with two interpretations,
one of which would abridge a person’s right and another which would maintain or
enhance a person’s rights, the former constitution yields to the latter.’’
Source: Leadership
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