Appeal Court reserves ruling on Jonathan’s eligibility

                             
Abeg they should leave make him contest election joor. The Court of Appeal sitting in Abuja, yesterday failed to give Judgement in the suit seeking to disqualify President Goodluck Jonathan from contesting the 2015 presidential election, as it reserved ruling in the case.


The three man panel of Justices led by Justice Abubakar Yahaya adjourned the case, just as the Peoples Democratic Party, PDP, through its National Legal Adviser prayed the court to dismiss the suit, because, according to him, it lacked merit.

The PDP contended that there is no section in the Nigerian Constitution stopping President Jonathan from contesting election in 2015. It also asked the court to disregard the application brought by a member of the party from Adamawa State, Dr. Umar Ardo asking to be joined as an interested party in the suit.

Ardo had approached the court, praying that he be joined as an interested party, contending that the final outcome of the case will personally affect him.

The PDP in a 15 paragraph counter affidavit deposed to by one Nanchang Ndam, the party challenged Ardo’s application, saying he is a perpetual governorship aspirant in his home state and has never made any impact in the process.

The party said though it’s members gave President Jonathan the right of first refusal, it has given every other aspirant the opportunity to contest the party’s presidential primaries which holds between the 6th and 7th of December.

The party further said: “That the affidavit is full of half truths and untruths contrived to mislead the Honourable Court into granting the reliefs the applicant seeks.

That contrary to the deposition in paragraph 2 of the affidavit in support of the application, the applicant is not an aspirant to the office of President of the Federal Republic of Nigeria under the platform of the 2nd Respondent, having not obtained expression of interest or nomination form for the purpose as at 30th October 2014 which was the closing date. Attached as Exhibit A is a copy of the 2nd Respondent’s Timetable indicating that sale of forms for all primaries closed on 30th October 2014.

“That also contrary to the depositions in paragraphs 3 and 10 of the affidavit in support of the application, the applicant will not be prevented from seeking the office of the President of the Federal Republic of Nigeria one way or the other by the mere fact of the 1st Respondent being eligible to contest for the office or indeed contesting for the office in the 2015 general elections.

“Contrary to the depositions in paragraphs 4, 5 and 6 of the affidavit in support of the application, the applicant is a serial aspirant to the office of Governor of Adamawa State under the platform of the 2nd Respondent and has not ‎been able to secure more than a dozen votes on each occasion.

“That contrary to the depositions in paragraphs 8 and 9 of the affidavit in support of the application, notwithstanding the right of first refusal which members of the 2nd Respondent have given the 1st Respondent regarding the Presidential nomination of the 2nd Respondent, the 2nd Respondent has made arrangements to hold its National Convention for the purpose of choosing its Presidential Candidates for 6th -7th December 2014 in which all aspirants (including the applicant if he desires to run) would have a free and fair opportunity to run for the office. Attached as Exhibit B and C respectively are press release indicating fees and payments points for the expression of interest forms and nomination forms by all interested aspirants as well as letter to the 3rd Respondent ‎indicating the date of the national convention.