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Human rights lawyer, Mr. Femi Falana (SAN) says Justice Isa Hamma Dashen of the Federal Excessive Court docket sitting in Yenagoa, Bayelsa State granted a reduction not prayed for by claimants in a case involving former President, Dr Goodluck Jonathan.
Saharareporters had reported that Justice Dashen on Friday in a judgement held that Jonathan’s proper to vie for the workplace of president once more can’t be stopped by any retroactive regulation.
The swimsuit marked FHC/YNG/CS/86/2022 was filed by Andy Solomon and Idibiye Abraham as first and second plaintiffs. It listed Jonathan, the All Progressives Congress (APC), and the Impartial Nationwide Electoral Fee (INEC) as first, second, and third defendants respectively.
However the APC and the INEC didn’t have any authorized representations within the matter, which SaharaReporters learnt was a deliberate transfer by the occasion and the electoral physique.
Solomon and Abraham had approached the courtroom via their counsel, Egbuwabi Seigha and Timi Robinson, looking for the disqualification of Jonathan from the 2023 presidential polls.
They argued that by advantage of the introduction of Part 137 sub-sections 1(b) and three of the 1999 Structure of Nigeria as amended, the previous president was now not eligible to vie for the workplace of the president as a result of he had taken an oath to that workplace on two earlier events.
Within the swimsuit filed on Could 17, 2022, the plaintiffs search the dedication of the next inquiries to wit:
“Whether or not in view of the provisions of Sections 137(1)(b) AND (3) of the structure of the Federal Republic of Nigeria 1999 (as altered) and the truth that the first defendant had earlier been sworn in because the president of the Federal Republic of Nigeria in 2010 and 2015 respectively, the first defendant is certified to contest for the workplace of the President of Nigeria within the 2023 Normal Elections to be organised by the third defendant.
“If the reply to (1) above is the damaging, then whether or not the 2nd defendant is entitled to discipline the first defendant as its presidential candidate within the 2023 basic elections
“Whether or not the third defendant is entitled to disqualify the first defendant from contesting and/or from being offered because the 2nd defendant presidential candidate within the 2023 basic elections.
“Following the dedication of the above questions, the plaintiff seeks the next reliefs:
“A declaration that in view of provisions of Part 137(1)(b) and (3) of the structure of the Federal Republic of Nigeria 1999 (as altered) and the truth that the first defendant had earlier been sworn in because the President of the Federal Republic of Nigeria in 2010 and 2015 respectively, the first defendant is disqualified from contesting for the workplace of the President of the Federal Republic of Nigeria within the 2023 basic elections.
“A declaration that the 2nd defendant is entitled to disqualify the first from collaborating in its major elections or every other choice course of(es) for the dedication of the 2nd defendant’s presidential candidate for the 2023 basic elections.
“A declaration that the third defendant is entitled to disqualify the first defendant from contesting and/or from being offered as a candidate for the election into the workplace of the President of the Federal Republic of Nigeria.”
Delivering judgement on the matter on Friday, Justice Dashen dismissed the reliefs sought by the plaintiffs and dominated that Jonathan is eligible to contest the forthcoming 2023 presidential election as a result of he had solely been elected into workplace as soon as in 2011.
In an announcement on Sunday, Falana mentioned the reduction granted by the courtroom to the impact that Jonathan shouldn’t be disqualified by the 2018 constitutional modification was not sought or prayed for by the claimants.
“The claimants prayed the Federal Excessive Court docket to disqualify the first Defendant (Dr.Goodluck Jonathan) from contesting the 2023 presidential election. Despite the directive of the Nationwide Judicial Council that such issues be filed on the Abuja Judicial Division of the Federal Excessive Court docket the Yenagoa Judicial Division of the Court docket assumed jurisdiction, heard the case and dismissed all of the reliefs sought by the Claimants,” the senior lawyer mentioned.
“However with none counterclaim filed by any of defendants, the Court docket determined to grant a reduction not sought by the Claimants. In different phrases, the reduction granted by the Court docket to the impact that the first Defendant shouldn’t be disqualified by the 2018 constitutional modification was not sought or prayed for by the Claimants.
“It’s fascinating to notice that the 2nd Defendant (All Progressives Congress) and third Defendant (Impartial Nationwide Electoral Fee) have been served the processes however didn’t file any course of within the case. They have been equally not represented by legal professionals for causes finest recognized to the Defendants.
“As there was no dispute between the events, the claimants lacked the locus standi to have maintained the motion. On that rating, the case must have been caught out on the authority of the case of Peoples Democratic Occasion v Edede & Anor (CA/OW/87/2022) filed by the PDP, v Edede & Anor. whereby the Court docket of Attraction struck out the swimsuit marked: FHC/UM/CS/26/2022 and held that the federal excessive courtroom Umuahia had no jurisdiction to listen to the case as a result of Edede lacked the locus standi to have filed the swimsuit within the first place.”
President Muhammadu Buhari had on June 4, 2018, signed a constitutional modification that stops a Vice President who completes the time period of a President from contesting for the workplace of the President multiple extra time.
The regulation additionally stops a deputy governor who completes the time period of a governor from looking for a second time period in workplace as a governor.
A President’s time period may be lower quick by causes of demise, resignation, or demise to pave the best way for the Vice President to finish the time period of the departed President.
Following the demise of then-President Umaru Yar’Adua on Could 5, 2010, Jonathan because the then Vice President, took a brand new oath of workplace to finish Yar’Adua’s time period as President.
He was additionally sworn in for one more time period on Could 29, 2011, after he gained the presidential ballot of that 12 months.
Falana had earlier mentioned Jonathan is affected by the structure modification and can’t contest the 2023 presidential election
“It has been confirmed that former President Goodluck Jonathan has determined to hitch the All Progressives Congress (APC) with a view to contesting the 2023 presidential election,” he had mentioned.
“Nevertheless, the previous President is disqualified from contesting the mentioned election by advantage of 137 (3) of the Structure of the Federal Republic of Nigeria, 1999 as amended which gives as follows: An individual who was sworn in to finish the time period for which one other particular person was elected as President shall not be elected to such workplace for greater than a single time period.
“Certainly, the Structure of the Federal Republic of Nigeria, 1999 (Fourth Alteration, No 16) Act, 2017 says: “The Structure of the Federal Republic of Nigeria, 1999 (on this Act known as “the Principal Act”) is altered as set out on this Act. Part 137 of the Principal Act is altered, by inserting, after subsection (2), a brand new subsection “(3)”.
“(3)” An individual who was sworn in as President to finish the time period for which one other particular person was elected as President shall not be elected to such workplace for greater than a single time period.”
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