Is the ruling Peoples Democratic Party (PDP) planning to field President Goodluck Jonathan in 2015?
This question remained relevant yesterday, with the PDP applying to be joined in a suit challenging the President’s eligibility to contest the election. Dr. Jonathan is yet to speak on his political future.
A PDP card-carrying member and Port Harcourt lawyer, Henry Amadi, is before a Federal High Court, Abuja, contending that Jonathan is no longer eligible to contest in 2015 because, by so doing, he would be spending more than the maximum of two terms of four years envisaged by the 1999 Constitution.
The suit is similar to another filed by a chieftain of the PDP, Mr Cyriacus Njoku, on March 20, 2012 before an Abuja High Court.
Judgment in that suit is pending before Justice Mudashiru Oniyangi.
The respondents in this suit are Jonathan and the Independent National Electoral Commission (INEC).
In the application by its National Legal Adviser, Mr. Kwon Victor, the PDP is urging the court to join it as an interested party because it would be affected by the outcome of the suit.
It is also asking the court to make a consequential order directing the plaintiff to amend his originating processes to reflect PDP as a defendant and cause same to be served on the party.
In the affidavit in support of the application, Kwon argued that from the reliefs sought by the plaintiff, PDP’s right to sponsor Jonathan for the office of the President in the 2015 presidential elections is being challenged.
He averred that ‘’this action cannot be effectually and completely be determined without joining the applicant herein.
“By the very tenor of the reliefs sought the plaintiff, this suit questions the right of the applicant to sponsor one of its members (Jonathan) for the 2015 presidential elections. The applicant herein seek to protect its interest in the present action by this application.
“Having been sponsored by the applicant (PDP) for the 2011 election and Jonathan been a member of the PDP who is capable of being sponsored for the 2015 presidential election, the PDP will directly be affected by the outcome of the decision of this court one way or the other.
Justice Adamu Bello has fixed February 26 to hear the PDP’s application, following the plaintiff’s lawyer C.N.Eke’s intention to oppose the application for joinder.
In his response to the suit, Jonathan had said he would contest in the election, as allowed in the Constitution.
According to him, with the political situation of Nigeria, it is better for him to spend nine years in office than to spend less than the eight years stipulated in the 1999 Constitution.
He spoke through his lawyer, Ade Okeya-Inneh (SAN) in a counter-affidavit.
Jonathan asked the court to dismiss the case for lack of jurisdiction.
According to him, the plaintiff is an ordinary individual who is not qualified to request the court to stop him from contesting the election.
Jonathan said Amadi failed to disclose reasonable cause of action and that the plaintiff’s claim is hypothetical and academic.
Jonathan averred that he took the first oath of office on May 6, 2010 following the death of erstwhile President Umaru Musa Yar’adua.
Amadi is contending that Jonathan is no longer eligible to contest in 2015 because by so doing, he would be spending more than the maximum period of two terms of four years envisaged by the 1999 constitution.
The plaintiff wants the court to direct INEC not to accept Jonathan’s nomination as candidate of the PDP for 2015 because by the oath of allegiance and oath of office he would take, if he wins, will violate the two oaths of allegiance and office stipulated by the 1999 constitution.
