Appeal Court affirms Jonathan's eligibility to re-run for presidency

The Court of Appeal, Abuja Division has ruled that President Goodluck Jonathan is qualified to re-contest this year's presidential election .

The court in a verdict delivered by Justice Abubakat Yahaya on Tuesday said that Legally Jonathan has only spent one term in the office.

Cyriacus Njoku had appealed the decision of an Abuja High Court which had on March 1, 2013 dismissed the suit he (Njoku) filed in order stop Jonathan from joining the 2015 presidential race.

The Court's full panel unanimously ruled that Jonathan had legally only spent one term in office as the President

“In this appeal, it is not controverted by the appellant that the first oath taken by the first defendant (Jonathan) was the oath he took as the Vice President and not as President.

“But he took the oath in May 2010 to complete unexpired tenure of late Umaru Musa Yar'Adua.

“Section 37(1)(b) disqualifies a person from contesting for president if he had been elected twice. Disqualification is through election and not oath taking. Election is a process of choosing a person to occupy a position by voting. When election is given its literal meaning, it connotes when a voting is employed to choose a person for political office.

“This did not take place when Jonathan stepped into the shoe of his Principal who went to the great beyond. To say these things were done is to import words not used by the constitution.‎ Section 146(1) of the constitution cannot be deemed an election for a VP to step into the office of a President.

“Election involves conducting primaries by party, nomination, election and announcement of results. All these processes were not done. If a VP suceeds a President that dies, that cannot be challenged. It is amode of stepping into the vacant office provided for by the constitution.

“When a President dies, the Vice President automatically becomes President as provided for by S130 (1)(2) of the 1999 constitution”, the court ruled.

The court also ruled that “If you are not disqualified, then you are qualified to contest. The first respondent is not disqualified and on that note, he is qualified to contest‎.

“The appeal lacks merit and fails in its entirety. It is hereby dismissed. Judgement of lower court is hereby affirmed. The sum of N50,000 each is to be paid as cost to each of the defendant”, the court held.

‎Fundamentally, the Court ruled that where a party lacks locus, the court cannot assume jurisdiction.

Based on this premise,the court upheld the decision of the lower court which dismissed cyriacus's suit owing to lack of locus standi.

The judges said “We agree with the lower court that the appellant has no locus to sue”.

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