Two presidential aspirants challenging the eligibility of President Goodluck Jonathan to seek another four-year term in the 2015 general election have applied to a Federal High Court  to refer their case to  the Court of Appeal for determination.

The presidential aspirants (plaintiffs) – Olatoye Wahab and Adejumo Ajagbe had approached the court through their counsel, Abiodun Owonikoko (SAN), praying it to declare Jonathan ineligible to re-contest the presidential election in 2015.

At the resumed hearing yesterday, the plaintiffs brought an application pursuant to Sections 6(6b), 295(2) of the 1999 Constitution and Order 26, Rule 2 of the Federal High Court Rules 2009 requesting to make an order of referral to the Court of Appeal for interpretation of Sections 135(2) (a) and (b) and 137 (1) (b) of the Constitution.

They want the court to decide whether by the combined affect of Sections 135 (2) (a) and (b) and 137 (1) of the 1999 Constitution, a person sworn into the office of the President of Nigeria on two previous terms is deemed to have been elected to that office at the previous elections.

They also want the court to decide whether in view of Section 137 (1) (b) of the Constitution of Nigeria, any person present himself for purpose of being elected as the president, that person having participated as candidate and emerged winner at two previous presidential election on account of which the person would have spent cumulative period of eight years in office by the time the winner of the 2015 general election would be sworn in.

In a 19-paragraph affidavit sworn to by one Efut Okoi, the plaintiffs averred that the case had raised constitutional issues which in the interest of justice need to have the Appellate Court pronounce on same as soon as possible to enable the court dispose the case in accordance with the decision of the appellate court.

They further averred that the suit raises questions of interpretation and application of the 1999 Constitution, particularly with respect to the right of the aspirant to present himself for the purpose of being elected as President of Nigeria, having participated as candidate and emerged winner at two previous presidential elections on account of which he would have spent a cumulative period of eight years in office by the time the winner of the 2015 general election would be sworn in.

The trial judge, Justice A.R Mohammed later adjourned till December 15 for hearing.
The plaintiffs had anchored their suit against Jonathan on the provisions of sections 132(1), 135(2)(a) and (b), 137(1)(b), 142(1) and (2) of the Constitution and the Supreme Court decisions.

The plaintiffs argued that by the virtue of constitutional provisions, the president and the vice-president elected in the same election and sworn into office on the same date and ceremony were taken to have been elected for one single term of four years.

The plaintiffs also contended that by the virtue of the oaths taken by Jonathan and Sambo following the death of President Umaru Musa Yar’Adua in 2010 and their subsequent re-election in 2011, both of them were deemed to have completed the two terms allowed by law.

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