President Goodluck Jonathan has been cleared by the appeal court as eligible to run as presidential candidate of the Peoples Democratic Party (PDP) in the 2015 presidential election.
Ahmed Mohammed, the justice who presided over the case, said the president commenced his first tenure as president of the nation in 2011, following his election in April 2011 general election.
In September 2014, Mase Acho, Sadeeq Sarki and Murtala Abubakare sued the president and his deputy, Namadi Sambo, alongside the PDP and the Independent National Electoral Commission (INEC) on the interpretation of Section 135 and 137 of the Nigerian constitution, claiming that the president, having served out late President Umaru Yar’Adua’s tenure, was ineligible to run.
On February 24, 2015 the case was referred to the court of appeal by the federal high court to rule over.
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The court ruled that the president took his first oath of office on May 29, 2011 and that May 2015 would be the end of his first term – not the second, as posited by the appellants.
“[Jonathan] becoming president on May 6, 2010 is an operation of a constitutional provision, following the demise of a president,” the court said, adding that the appeal lacks merit.
In addition to striking out the case, the court ordered the appellants to pay N50,000 to the president and the PDP as cost of undertaking the trial.
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PDP immediate;y responded to the judgement, congratulating the president for his victory at the appeal court and describing it as a victory for democracy.
Olisa Metuh, the party’s national publicity secretary, said the victory was a protection the rights of the electorate.
“[This is a] victory for democracy and the rule of law especially in protecting the inalienable rights of eligible citizens to freely participate in the electoral process without any form of hindrance,” he said.
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