President Goodluck Jonathan on Monday asked an Abuja High Court to dismiss a suit filed by a member of the PDP, Mr Cyriacus Njoku.
Njoku in a suit filed on March 20, is seeking a declaration of court that President Jonathan’s tenure of office began on May 6, 2010 when his first term began.
He also urged the court to hold that Jonathan's two terms should end on May 29, 2015 having taken his second oath of office on May 29, 2011;
Njoku also wanted the court to hold that by virtue of Section 136 (1) (b) of the Constitution, no person (including Jonathan) should take the oath of allegiance and the oath of office prescribed to in the Seventh Schedule to this Constitution more than twice.
The aggrieved PDP chieftain also wanted an order of injunction restraining Jonathan from further contesting or attempting to vie for President after May 29, 2015 when his tenure should by the Constitution, end.
At the resumed hearing of the suit, before Justice Mudashiru Oniyangi, Jonathan through his counsel, Kelechi Normeh in a preliminary objection, asked the court to discountenance the suit.
Normeh, who is holding brief of Ade Okeaya-Inneh (SAN) described the suit as “frivolous and vexatious'' and meant to make the court to labour in futility because the suit was purely an academic exercise.
He also urged the court to hold that the suit, instituted by Njoku, failed to disclose reasonable cause of action.
Normeh in his submissions, argued that Jonathan, was currently doing his first term of four years in office as the President of Nigeria as provided by the 1999 constitution as amended.
“President Jonathan’s status and position is formidably backed by the 1999 constitution.
“The constitution of Nigeria only makes provisions for a president to contest for not more than two terms of four years each.
“The constitution recognises the President’s tenure of office to be four years,'' he argued.
He said that Jonathan had not indicated or announced anywhere whether in words or in writing that he would contest for the presidential election in 2015.
Also in a preliminary objection, counsel to PDP, Christopher Paul, also urged the court to dismiss the suit filed by Njoku.
Paul argued that Njoku lacked the locus standi to institute the suit.
He argued that even if Jonathan had made up his mind to contest, his aspiration in 2015 would not jeopardise any other Nigerian’s interest.
Paul said that contrary to the depositions by the plaintiff in paragraphs 4, 7 and 8 of the said affidavit, the first
defendant (Jonathan) would only be completing his first term of office as President of the Federal Republic of Nigeria in May 2015.
“The first defendant has contested election as President of the Federal Republic of Nigeria only once, and that is at the April 2011 general election.
“Even if the first defendant vies for President in 2015, the plaintiff and other eligible Nigerians would not be denied the opportunity of taking a shot at the presidency in 2015.
“Beside, Jonathan has not indicated or announced anywhere whether in words or in writing that he will contest for the presidential election in 2015,'' he added.
But counsel to Njoku, 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 does it include 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 Jonathan.
“Because he 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, 2011.
He prayed the court not to dismiss the suit, but hear it on its merit
Rather, he wants the court to give an order of injunction restraining Jonathan from further contesting or attempting to vie for President after May 29, 2015, when his tenure shall by the Nigerian Constitution end.
?Ugochukwu, also urged the court to order an injunction restraining the PDP from further sponsoring or attempting to sponsor Jonathan as candidate for election to the office of the President in the 2015.
He further prayed the court for an order stopping INEC from accepting the name of Jonathan, if he is sponsored by the PDP again to run for president in the 2015 presidential election.
After listening to the arguments of counsel, Justice Oniyangi adjourned to Oct. 18, for judgment.
Oniyangi said that the long adjournment, was in view of the fact that the high court would be proceeding on its annual vacation on Monday, Aug. 6 to resume on Thursday, Sept. 20.
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