Court orders papers served on Jonathan over qualification for 2015

Former Nigeria`s, President Goodluck Jonathan

Justice Ahmed Mohammed of the Federal High Court has ordered that court documents in a fresh suit seeking to disqualify President Goodluck Jonathan from seeking re-election in the March 28 poll should be served on him.

The court said the papers should either be served on the president through the Secretary to the Government of the Federation, SGF, or the Office of the Minister of Justice and Attorney General of the Federation.

The suit, FHC/ABJ/CS/1112/2015, instituted by Nkemjika Nkemjika was assigned to the court of Friday. The defendants in the suit apart from Mr. Jonathan are his party, the Peoples Democratic Party, and the Independent National Electoral Commission, INEC.

A separate suit had earlier been filed seeking Mr. Jonathan disqualification from the presidential race before the court and another is also pending at the Court of Appeal.

Mr. Nkemjika had in his ex parte application said the court’s document could not be served directly on the president because he lives in the Aso Rock Villa, which is fortified.

He had asked the court to determine whether, having regard to the provisions of sections 135(1) (b) and 135(2) (b) of the Constitution, the president was qualified to contest the presidential election.

He contended that Mr. Jonathan’s second term in office would end on May 29, because Section 135(2) (b) of the 1999 Constitution (amended) does not envisage that the vice president should complete the unexpired tenure of office or unexpired term of office of a deceased President.

According to him, the president should be qualified to contest the 2015 presidential poll if he had won an election supervised by the Senate President in 2010 in accordance with the provision of Section 146(2) of the Constitution.

Section 146(2) provides that: “Where any vacancy occurs in the circumstances mentioned in sub-section 1 of this section during a period when the office of the Vice-President is also vacant, the President of the Senate shall hold the office of the President for a period of not more than three months, during which there shall be an election of a new President, who shall hold office for the unexpired term of office of the last holder of the office.”

Mr. Nkemjika asked the court to remove Mr. Jonathan’s as the presidential candidate of PDP in view of the provision of Section 135(1)(b) of the Constitution, which states: “Subject to the provisions of this Constitution, a person shall hold office of the President until he dies whilst holding such office.”

The judge subsequently adjourned the suit to February 26.


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  • Lemmuel Odjay

    What becomes of the bloggers we used to have here?

    • Wähala

      We all left because Premium Times Editors refuse to curtail the excesses of Reno’s e-rats. They post multiple comments with different names and “upvote likes” for each other, and it has simply become redundant hanging around here… check out Sahara Reporters for livelier action.

      • Otile

        Moyibi wa mboka.

      • trippi

        Does that include the paper tigers that voted for GMB 497 times in under 1hr on the AIT voting blog using the masked VPN IP’s from the IP belt ?

  • Bambam

    JonaTAN is not qualified to contest the elections under every relevant sections of our constitution..neither did he complete his PH.D Thesis and programme at UniPort..he should be disqualified pronto and with immediate effect!!

  • ODOFIN, Lagos

    I AM WAITING FOR gej’s supporters reaction and irrational thinking to this news

    • Guest

      you’re jumping the gun

  • Anonymous

    Another substituted service? Buhari’s lawyer is challenging that in his own case!

  • Ervine Okuboh

    Bambam- Since when did failure to complete a Phd be a factor for elimination of a presidential candidate ? The constitution says that a candidate may not serve more than two terms. having duly been elected on both terms. The key word is elected. If he (Jonathan) wins this election it would be his second term as an elected president. This is a very relevant section of the constitution so your comment appears to be null and void on both counts.

  • Duru

    This senseless lawsuit is too daft for comment.

  • Khafilat Adeoye

    BUT THE PRESIDENT HAVE ONLY BEEN A PRESIDENTIAL CANDIDATE ONCE IN 2011

    I recall that in 2007 ….. the President was a Vice Presidential Candidate …… he was never the Presidential Candidate. It was late Umaru Yar’Adua that was the Presidential Candidate of PDP.

    To the best of my knowledge ….. 2015 is the second time President Goodluck Jonathan will be a Presidential Candidate and this is in line with constitutional stipulations.

    I am convinced that this suit is frivolous and a waste of valuable and much needed Court time.

    • Arrest Warrant

      Oaths of office by a single person…how many Times has he taking oath as president..

  • Bunduma Mohammed

    this is Jonathans 5th options. Disqualify himself to cause confusion.

  • B-R-E-A-K-I-N-G NEWS

    BUT JONATHAN HAD ONLY BEEN A PRESIDENTIAL CANDIDATE ONCE IN 2011

    This case is a simple and easy one ……. all that is needed …… is to ask the question: How many times have Goodluck Jonathan presented himself as a Presidential Candidate of any political party registered in Nigeria.

    I recall that President Goodluck Jonathan have only presented himself once as Presidential Candidate and that was in 2011.

    2015 is the second time that President Goodluck Jonathan is presenting himself as a Presidential Candidate of a political party registered in Nigeria.

    And this is in line with constitutional stipulations..

    In 2007 President Goodluck Jonathan was only a Vice Presidential Candidate. He was not the Presidential Candidate. It was Alhaji Umaru Yar’Adua that was the Presidential Candidate of PDP.

    This case is frivolous, trivial and a waste of valuable and precious Court time

    • BlackieUmukoro

      They are playing kalo kalo with our courts whether they will win jackpot

  • B-R-E-A-K-I-N-G NEWS

    BUT JONATHAN HAD ONLY BEEN A PRESIDENTIAL CANDIDATE ONCE IN 2011

    This case is a simple and easy one ……. all that is needed …… is to ask the question: How many times have Goodluck Jonathan presented himself as a Presidential Candidate of any political party registered in Nigeria.

    I recall that President Goodluck Jonathan have only presented himself once as Presidential Candidate and that was in 2011.

    2015 is the second time that President Goodluck Jonathan is presenting himself as a Presidential Candidate of a political party registered in Nigeria.

    And this is in line with constitutional stipulations..

    In 2007 President Goodluck Jonathan was only a Vice Presidential Candidate. He was not the Presidential Candidate. It was Alhaji Umaru Yar’Adua that was the Presidential Candidate of PDP.

    This case is frivolous, trivial and a waste of valuable and precious Court time

    • Hk

      Go and look ag the case of Mr Boni Haruna of Adamawa state who only contested for governorship in 2003 but had to leave in 2007.

  • BlackieUmukoro

    Shopping for Ebele’s disqualificatio under different garbs shall not work. The only way is to vote him out, but this again is impossible because the guy performed well in the eyes of impartial persons, and is therefore guranteed a second term

    • Progress

      There are couple of impeachable offences hanging on him, if NASS decide to toe that line. He is so unpopular now that it will sail through smoothly. Many PDP members are gnashing their teeth in private how a single man incompetency has destroyed a politicall party. It is clear that PDP has fared worse under him.

      • BlackieUmukoro

        How?
        Sent from my BlackBerry wireless device from MTN

  • Dazmillion

    If they want to disqualify Jonathan they should look into his missing PHD thesis.

  • Kekedu

    Part of the script: take GEJ and GMB to court. GEJ wins, GMB looses in court. Okupe says it’s the rule of law. Then God Almighty moves in.

  • justice

    Another hungry Iboman being used by the north and their Yoruba friends.

    • I Hate Sycophant Truly

      I hope is the same Ibo man being sponsor by the same north and yoruba friends to take Buhari to court? Reason with your brain than your bra.

  • trippi

    Bring it on Mr Nkemjika, GEJ will have his day in court against you and your sponsors, Even tho this site has been mum about Buhari’s perjury case that is about to explode on his head. As per GMB, PDP is just showing you APC band of noise makers how to play politics.. PDP ji Buhari na akpa amu

  • maureen

    We need change but buhari is not the answer for the change,for those of u with high hopes that buhari will be democratically elected to rule this country r not friendly with history,bcos buhari scuttled and overthrew an elected govt,he did that and that curse is still following him.obj ruled the nation under democracy bcos he formed and relinquished power to democratic govt after he took power forcefully,remember that IBB made several attempts. But it didn’t work for him.Abacha died in d process APC may impart on state level but not on the presidency.u can quote me,buhari is paying for his past wickedness,He will be very close to aso rock but he will not enter it.