A Federal High Court in Kaduna on Monday struck out a suit seeking to restrain President Goodluck Jonathan from seeking re-election in the 2015 general elections brought before it by two leaders of the People’s Democratic Party (PDP).
The plaintiffs, Richard Mneaga, and Shuaibu Lill had sought for, among other prayers, an order of the court to disqualify Jonathan from presenting himself as a presidential candidate of the PDP in the 2015 election, and for the court to order the Independent National Electoral Commission (INEC) to restrain the PDP from accepting nomination of Jonathan as its presidential candidate in the 2015 election.
In the suit, filed on October 7, 2013, they insisted that Jonathan had completed eight years in office as President of the Federal Republic of Nigeria calculated from May 29, 2007.
The plaintiffs also sought for “a declaration that President Jonathan is not entitled to tenure of office as President exceeding eight years calculated from 2007, till last holder of the said office”.
Ruling on the case, the presiding judge, Justice Evelyn Anyadike said the plaintiffs lacked the locus standi to drag President Jonathan to court based on section 308 of the Constitution which gives him immunity not to sue or be sued, and therefore affirmed that Jonathan has the constitutional right to contest for presidency in 2015 if he so desire.
She also said the court lacks the jurisdiction to entertain the matter since the plaintiffs did not follow the due process of filing their case, saying the petition was served out of jurisdiction. She however dismissed the case for lack of merit.
Reacting to the judgment, counsel to the plaintiffs, Mohammed Ibrahim, faulted the technicalities on which the judge relied to deliver her judgement instead of looking at the matter from its merit.
He, however, said they would proceed to the Appeal Court for further interpretation of the lower court judgement and also for the upper court to determine whether President Jonathan had the constitutional right to seek another term in office in 2015.
But Counsels to the first and second defendants, President Goodluck Jonathan and the PDP, Nnamdi Ekwem and Victor Kwon respectively, hailed the judgment, describing it as another landmark victory for democracy and rule of law.
They faulted the petitioners for dragging Jonathan to court since he has not declared his intention to contest for the presidency in 2015.
Nat. Confab: State creation, Resource Control,LGA Autonomy, State Police Top List On Agenda
As the national conference kicks off ethnic groups in the country have taken positions on the common agenda that would be discussed at the conference.
The top agenda in the list include true federalism, resources control, regional autonomy, protection of minority rights, state creation, creation of State police, and local government autonomy among others.
According to the South East group which was the first to meet and embrace the national conference, the former governor of Anambra State hinted that the Ibos will push for regional autonomy.
He further stated that the right to secession by marginalized groups would be equally canvassed at the conference, the region they articulated would serve as federal unit as well as institutionalized state police.
The northern people, in their view through the Arewa Consultative Forum ACF opposed modalities for representation which recognized equality of ethnic nationality.
They were hoping on the multiplicity of the ethnic groups especially in Bauchi and Adamawa which they planned to deploy to influence the resolution of the conference.
In the south-south geopolitical zone which comprises Ijaw, National Congress, South-South People Assembly, South-South People Forum and the South-South Leaders Submit advocated for resource control, of the area which produce the highest oil in the federation to enable them exploit and keep and pay royalty to the federal government.
The middle Belt in its memo for the national conference after deliberation sued for national unity and peace which they regards as the core objective of the conference. In the achievement of peace and unity the group equally advocated for resource control, fiscal federalism, citizens rights and protection of minority rights, recognition of indigenous groups in the constitution, creation of states, local governments autonomy, battle against corruption through strengthening institutions, devolution of powers and regional autonomy.
South West which meet to deliberate on the national conference sought to maintain the six geo-political zones or structure and adjustment of boundaries to allow Yoruba in Kogi, Kwara, Edo and Delta States to join their kiths and kins.
In the South West, regional autonomy which would allow each region grows at its own pace.
Another of the Yoruba agenda is true federalism; the Yoruba under the late chief Obafemi Awolowo were the fore-runners of true federalism in the first republic. Others include: English Model of Parliamentary system of government, resource control and management of the economy predicated on devolution of power, immunity for elected executive officers in government. The clause should be removed in the constitution and extend to civil cases where a prima facie bordering on criminality has been established against an executive officer among others. ###
Emeka Jilly Ejiowhor
