Friday, February 20, 2015

Elections: Appeal Court Reserves Judgment on Jonathan

http://sunnewsonline.com/new/wp-content/uploads/2014/08/goodluck-jonathan_2745283b.jpg
The Abuja Division of the Court of Appeal has just reserved its decision concerning the President Goodluck Jonathan’s eligibility to contest presidential election in March.

The others Court’ panel members, who heard the appeal, were Akomolafe Wilson, T.Y. Hassan, J. E. Ekannem, and M. Mustapha, reported sunnewsonline.com.

As an appellant, Chief Okon Obono Obla, the lawyer of Cyriacus Njoku, urged the court to hold that Njoku has fixed to submit the case. He also urged the court not to take into consideration the previous interpretation of his jurisdiction. Instead, he asked to take into account the current case of Gani Fawehinmi, who went to the Court to inform the payment of salaries to the Finance Minister, Ngozi Okonjo Iweala in USA Dollars was wrong.
To be mentioned, Gani was rejected at the High Court, but got a judgment at the Court of Appeal. The Court agreed he had jurisdiction because he was a tax payer. He also urged the court to hold that Jonathan’s declaration as the presidential candidate of the Peoples Democratic Party (PDP) was wrong, as the appeal was just in pending.
On it’s turn, the President and the PDP, represented by Mr. Victor Yusufu Kwon, the party’s National Legal Adviser urged the court to dismiss the appeal. They insisted Jonathan did not act improperly, as the President and PDP’s actions were supported by the extant judgment of Justice Oniyangi of the FCT High Court.
To be mentioned, in 2013, Mr. Cyriacus Njoku had instituted an action in the High Court of the Federal Capital Territory, Abuja. He searched for an approvement that the tenure of President Good luck Jonathan, i.e. the 1st Defendant, began on May 6th, 2010, when his first term had started. According to him, by virtue of Section 136 (1) (b) of the Constitution, no person (including the 1st Defendant) may take the Oath of Allegiance, as well as the Oath of Office prescribed in the Seven Schedule to this Constitution.
Thus, now he asks the Court for injunction to restrain Jonathan from further contesting or attempting to vie for the office of the President of Nigeria after his tenure ends in May 2015.
To make the story brief, on the 13th March, 2013, the High Court of the Federal Capital Territory, Abuja presided over by the Justice Mudashiru.N. Oniyangi  made its judgment dismissing the case, but  holding President Jonathan is free to contest the 2015 presidential election within  the platform of the PDP.
However, on the 16th April, 2013, Mr. Njoku asked the Court of Appeal to set aside Oniyangi’s judgment.

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