Less than five months before the 2015
general elections hold across Nigeria, two
members of Peoples Democratic Party, PDP,
and All Progressives Congress, APC, have
asked the Federal High Court in Abuja to
disqualify President Goodluck Jonathan
from seeking re-election.
According to the suit filed against President
Jonathan, the plaintiffs, Adejumo Ajagbe, a PDP
member from Lagos State, and Olatoye Wahab, a
member of APC from Osun State, also joined the
Independent National Electoral Commission, INEC,
and the Attorney General of the Federation, AGF, as
The suit was entered before the Federal High Court
in Abuja by four Senior Advocates of Nigeria that
include Chief James Ocholi, A. Owonikoko, Okon Efut
and Mahmu Magaji, according to Vanguard report.
The plaintiffs maintained that going by the 1999
Constitution (as amended), President Jonathan,
having contested the presidential election twice,
won and taken the oath of office and allegiance
twice in respect of that office, could no longer
present himself for election to that office the third
They relied on the provisions of Sections 132(1),
135(2)(a) and (b), 137(1)(b), 142(1) and (2) and the
Supreme Court’s decision in the case of Marwa and
Nyako (2012) 6 NWLR (Part 1296) 199 at 306.
The plaintiffs also argued that by the provision of
the Constitution, the President and Vice President,
who were elected in the same election and sworn
into office on the same date and at the same
ceremony were in the eyes of the law, deemed to
have been elected for one single term of four
years, notwithstanding the death or even
impeachment of the President.
They also insisted that the reference to “two
previous elections” in Section 137(1)(b) of the
Constitution, includes two previous oath of
allegiance and oath of office taken by President
Meanwhile, it was gathered that the suit has been
assigned to Justice Ahmed Ramat Mohammed for
Though President Jonathan is yet to officially
declare his ambition to contest for the presidency
in 2015, his party, the PDP last week announced that
the incumbent president has been chosen as its
flag bearer for the presidential election.
Jonathan has since said that he was humbled and
overwhelmed by the party’s decision, and promised
to positively utilise his mandate.