2015: Jonathan's kinsman opposes his candidacy
2015: Jonathan's kinsman opposes his candidacy
Published on Monday, 22 October, 2012 by pmnews
Nnamdi Felix / Abuja
As Nigerians await the decision of an Abuja High Court over the speculated candidacy of President Goodluck Jonathan in the 2015 Presidential election, one of the President’s kinsmen from the South South region of Nigeria, has approached a Federal High Court also siting in Abuja for an order barring the President from running for office in 2015 as it will amount to breaching a constitutional provision prescribing a period of not more than eight years for occupants of that office.
The litigant, Mr. Henry Amadi, a native of Elele – Alimini but residing at Rumumoi in Rumuigbo Town of Obio / Akpor local government council of Rivers state and a registered voter in Ward 9, Emohua local government area also in Rivers state, told the court that President Jonathan first took oath of office and oath of allegience on the 6th of May, 2010, following the death of his predecessor in office, Alhaji Umar Musa Yar’adua with whom he (Jonathan) was first elected in 2007.
Mr. Amadi further told the court that Jonathan again took another oath of office and allegiance on the 29th of May, 2011 for the purpose of executing the office of the President of the Federal Republic of Nigeria.
He contended that in recent time, that there has been a clamour on Jonathan by several persons urging him to contest the election again to the office of the President at the expiration of his current term in 2015 and argued that if he does, that he, the President, is likely to win given the factor of incumbency among other factors, and will also be made to take another oath of office and allegiance beyond the number of times prescribed by the constitution.
Amadi, therefore urged the court to declare that having taken the oaths prescribed by the constitution in section 140 (1) and (2), that President Goodluck Jonathan is not qualified to contest as candidate for election to the office of the President in 2015.
He also wants the court to make an explicit order restraining Jonathan from putting himself forward or participating as candidate for election to the office of the President of the Federal Republic of Nigeria at the end of his current term of office in 2015.
In his opposition to the hearing of the suit, President Jonathan, through his lawyer, Mr. Ade Okeanya- Inneh, a senior advocate of Nigeria, insisted that he is currently doing his first term of 4 years in office as the President of the Federal Republic of Nigeria as provided by the constitution and that the same constitution makes provisions for a President to contest for not more than 2 terms of 4 years each.
Okeaya- Inneh however stated that Jonathan has not indicated or announced anywhere, whether in words or writing, that he will contest for the Presidential election to be conducted in 2015. He therefore called on the court to dismiss the suit in the interest of justice.
The President’s lawyer also faulted the manner through which the suit was commenced which he said is invalid for non compliance with the provision of the court’s Rules. He also pointed out that Mr. Henry Amadi lacks the locus standi to institute the action.
The senior advocate argued, “under public law, an ordinary individual or a citizen or a tax payer without more, will generally not have locus standi as is Mr. Amadi. This is because such litigation concerns public rights and duties which belong to and are owed all members of the public. It is only where the individual has suffered special damage over and above the one suffered by other members of the public generally that he can sue personally…”
He consequently urged the court to dismiss the suit as the issues raised for determination by Mr. Amadi are hypothetical and academic.
The matter comes up on Thursday, 25 October before Justice Adamu Bello.
Published on Monday, 22 October, 2012 by pmnews
Nnamdi Felix / Abuja
As Nigerians await the decision of an Abuja High Court over the speculated candidacy of President Goodluck Jonathan in the 2015 Presidential election, one of the President’s kinsmen from the South South region of Nigeria, has approached a Federal High Court also siting in Abuja for an order barring the President from running for office in 2015 as it will amount to breaching a constitutional provision prescribing a period of not more than eight years for occupants of that office.
The litigant, Mr. Henry Amadi, a native of Elele – Alimini but residing at Rumumoi in Rumuigbo Town of Obio / Akpor local government council of Rivers state and a registered voter in Ward 9, Emohua local government area also in Rivers state, told the court that President Jonathan first took oath of office and oath of allegience on the 6th of May, 2010, following the death of his predecessor in office, Alhaji Umar Musa Yar’adua with whom he (Jonathan) was first elected in 2007.
Mr. Amadi further told the court that Jonathan again took another oath of office and allegiance on the 29th of May, 2011 for the purpose of executing the office of the President of the Federal Republic of Nigeria.
He contended that in recent time, that there has been a clamour on Jonathan by several persons urging him to contest the election again to the office of the President at the expiration of his current term in 2015 and argued that if he does, that he, the President, is likely to win given the factor of incumbency among other factors, and will also be made to take another oath of office and allegiance beyond the number of times prescribed by the constitution.
Amadi, therefore urged the court to declare that having taken the oaths prescribed by the constitution in section 140 (1) and (2), that President Goodluck Jonathan is not qualified to contest as candidate for election to the office of the President in 2015.
He also wants the court to make an explicit order restraining Jonathan from putting himself forward or participating as candidate for election to the office of the President of the Federal Republic of Nigeria at the end of his current term of office in 2015.
In his opposition to the hearing of the suit, President Jonathan, through his lawyer, Mr. Ade Okeanya- Inneh, a senior advocate of Nigeria, insisted that he is currently doing his first term of 4 years in office as the President of the Federal Republic of Nigeria as provided by the constitution and that the same constitution makes provisions for a President to contest for not more than 2 terms of 4 years each.
Okeaya- Inneh however stated that Jonathan has not indicated or announced anywhere, whether in words or writing, that he will contest for the Presidential election to be conducted in 2015. He therefore called on the court to dismiss the suit in the interest of justice.
The President’s lawyer also faulted the manner through which the suit was commenced which he said is invalid for non compliance with the provision of the court’s Rules. He also pointed out that Mr. Henry Amadi lacks the locus standi to institute the action.
The senior advocate argued, “under public law, an ordinary individual or a citizen or a tax payer without more, will generally not have locus standi as is Mr. Amadi. This is because such litigation concerns public rights and duties which belong to and are owed all members of the public. It is only where the individual has suffered special damage over and above the one suffered by other members of the public generally that he can sue personally…”
He consequently urged the court to dismiss the suit as the issues raised for determination by Mr. Amadi are hypothetical and academic.
The matter comes up on Thursday, 25 October before Justice Adamu Bello.
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