The Court of Appeal in Abuja on Thursday reserved judgment on an appeal challenging the eligibility of President Goodluck Jonathan to seek re-election in the forthcoming poll.
The appeal was filed by Mr. Cyriacus Njoku, who is challenging the judgment delivered by Justice Mudashiru Oniyangi of the Federal Capital Territory High Court on March 13, 2013.
The Justice Datijo Yahaya-led appeal panel after hearing parties’ arguments on Thursday said the date of the judgment would be communicated to them.
Other members of the panel that heard the appeal are Justices Akomolafe Wilson (Mrs), T.Y. Hassan, J. E. Ekannem and M. Mustapha.
Jonathan, the Peoples Democratic Party and the Independent National Electoral Commission are the respondents in the appeal.
Njoku’s lawyer, Chief Okon Obla, on Thursday urged the appellate court to hold that his client being a taxpayer has the locus standi to institute the case contrary to the contention of the respondents.
He also urged the court to hold that President Jonathan’s declaration and adoption as the Presidential candidate of the Peoples Democratic Party while the appeal was pending was wrong.
On their part, the President and the PDP, represented by its National legal Adviser, Victor Kwon, urged the court to dismiss the appeal.
They said that Jonathan did not act lawlessly as the President and PDP’s actions were supported by the extant judgment of Justice Oniyangi of the FCT High Court.
“The party nominated Dr. Goodluck Jonathan as its presidential candidate and in doing that it was in line with the extant judgment, so it is wrong for any body to suggest that the PDP acted lawlessly in adopting the President,” Kwon said.
Njoku, who lost the case at the lower court, had argued that the tenure of President Jonathan i.e. began on May 6, 2010 when his first term began and his two terms should end on May 29, 2015 because he took his second oath of office on May 29, 2011.
He is praying the court for an order of injunction restraining Jonathan from further contesting or attempting to vie for the office of the President of Nigeria after May 29, 2015 when his tenure ends.
He also asked for an order restraining the PDP from further sponsoring or attempting to sponsor Jonathan as its candidate for election to the office of the President in the 2015 presidential election.
