Justice AR Mohammed of the Federal High Court sitting in Abuja, on Wednesday struck out one of the suits challenging the eligibility of the presidential candidate of the Peoples Democratic Party (PDP), President Goodluck Jonathan to seek re-election in the March 28 presidential poll.
Yusuf Ali, SAN, counsel to the plaintiffs filled the notice of discontinuance consequent upon which the suit was struck out.
Last week, the plaintiffs – Professor Tunde Samuel, Dr Junaid Mohammed, Mr Razak Adeosun and Yahaya Ezeemoo Ndu, had approached the court, seeking to restrain President Jonathan from contesting the presidential election.
However at the resume hearing, Counsel to the plaintiffs moved an application for the discontinuance of the suit. Counsel to the defendant, Ade Okeaya-Inneh SAN did not oppose the application.
The plaintiffs had contended that by the provisions of Sections 135 and 145 of the 1999 Constitution, Jonathan is not eligible to contest for the election having taking oath of office as president more than twice.
Also, relying on Sections 135 to 146 of the 1999 Constitution, the plaintiffs contended that Jonathan cannot take the oath of office more than twice as President.
They also submitted that under the constitution, any President of Nigeria cannot be in office beyond eight years of two terms.
They argued that if Jonathan is allowed to contest and is sworn in as President, he would be spending 10 years in office contrary to the spirit and intention of the 1999 Constitution.
The plaintiffs ask the court whether having regards to the intention and general scheme of the Constitution, especially the provisions of sections 1 (1) &(2), 135 (1)& (2), 137(1)(b), 140 (1) &(2),142 (1)&(2) and 146(1)(3)(b)(c) thereof, it is constitutional, lawful, legal and permissible for a person to occupy the office of the president for a cumulative and or aggregate period of more than eight years.
They also want the court to determine whether having regards to the intention and the general scheme of the Constitution, especially the provisions of Sections 1(1) & (2) and 135(1) thereof, the defendant is eligible to seek re-election or contest for the office of the President of the Federal Republic of Nigeria for another term of four years, which will bring his cumulative and or aggregate period in office as president beyond the eight years maximum period allowable by the Constitution.
They among others want the court to decide whether having regards to the intention and the general scheme of the Constitution of the Federal Republic of Nigeria 1999 (as amended) especially section 1(1) & (2), 135 (1)&(2), 137 (1)(b), 140 (1) & (2), 142(1)& (2) and 146(1) (3) (b)& (c) thereof, the period the defendant served as President from May 6, 2010 to May 28, 2011, ought not to be reckoned with and taken into in computing the total period he has spent and could spend in office as President of Federal Republic of Nigeria.
The plaintiffs however want a declaration that having regards to the provisions of the
Constitution, it is unconstitutional, unlawful, illegal and not permissible for any person to occupy the office of the President for more than a cumulative and or aggregate period of eight years when the country is not at war and it is practicable to hold election into the office of President.
They also want the court to declare that having regards to the Provisions of the Constitution, the defendant, is not eligible to seek re-election into the office of President for another term of four years from 2015, as that would have permitted him to occupy the office of President, for more than the eight years maximum period allowable by the Constitution for anyone to occupy the office of the President.
The plaintiffs are also praying the court for a declaration that in computing the period already spent in office as President by the defendant, the period from May 6, 2010 to May 28, 2011 should / ought to be reckoned with.
They want an order of injunction restraining the defendant from contesting, putting himself forward and or accepting to contest for the office of President at the 2015 presidential election.
The trial judge, Justice A.R Mohammed, ruled that “The plaintiffs in this matter have filed an application to discontinue.
“The party who took out process against another and eventually withdraw it must be ready for some sanction.
“I hereby award the sum of N50, 000 against the plaintiffs. The suit is hereby struck out.”
