Appeal Court Strikes Out Suit Seeking To Stop Jonathan

The Court of Appeal sitting in Abuja has dismissed an appeal challenging

the eligibility of the President, Dr Goodluck Jonathan, to seek another

term of four years, and held that the president is eligible to re-contest

in the March 28 presidential election.
The court dismissed an appeal filed by Cyriacus Njoku against a

judgment of an Abuja High Court which had earlier dismissed the case.

A panel of five Justices of the appellate court, headed by Justice

Abubakar Yahaya, in a unanimous judgment delivered held that the

appellant's suit was speculative and imaginary.
In the lead judgement delivered by Justice Yahaya, the the court held that

Jonathan had only spent one term in office as the president going by the

provision of the constitution.
The court noted that the appellant lacked the locus standi to

challenge the president's qualification to contest adding that where a

party lacked locus, the court could not assume jurisdiction.

On that ground, the court upheld the decision of the lower court which

dismissed Cyriacus's suit for lack of locus standi.

“We agree with the lower court that the appellant has no locus to sue”,

the court held.
On the cause of action, the court held that the case of the appellant was

speculative and imaginary as none of the reliefs he sought accrued any

benefit to him.
ThisDay
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