Lawyers Drag President Jonathan To Court – See details

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Lawyers To Drag Jonathan To Court
Not less than 20 Senior Advocates of
Nigeria, SAN have revealed plans to
drag President Goodluck Jonathan to
court in search of important legal
interpretation on the President’s
eligibility to contest in the 2015 general
election.
A security source who claimed he was
not authorized to speak on the matter
disclosed that the action of the SAN’s is
part of a security report expected to be
submitted to the President this week,
Leadership reports.
President Goodluck Jonathan
“Over 20 SANs are set to take the
president to court. The president will be
briefed on this development this week.
We hope the president will act quickly
on the report,” he said.
It was gathered that some powerful
politicians and groups across the
country allegedly gathered a team of
lawyers to challenge Jonathan whenever
he declares his intention to seek re-
election in the 2015 general polls.
According to Nigeria’s constitution, a
president can only serve two terms,
which the opposition claims Jonathan
has already served. It was said that the
opposing politicians were waiting for
President Jonathan to officially declare
so that they can embark on the legal
battle, since any move in that direction
now would only result to a wild goose
chase.
However, it is believed that President
Jonathan is reconsidering his 2015 re-
election ambition following the
constitutional bottlenecks in his way,
even as lawyers in the country have
also started debating the issue.
“There are two constitutional provisions
that are in question. The first is section
135 (1) and (2) of the Constitution of
the Federal Republic of Nigeria, 1999,
which states that no president can take
the oath of office of the president of
Nigeria more than twice. You will recall
that on May 6, 2010, President
Jonathan was sworn in by Justice
Aloysius Katsina-Alu as the fifth
president of Nigeria after the death of
then president Umaru Musa Yar’Adua.
Upon winning the presidential election in
2011, he was again sworn in and took
the oath of office as the sixth president
of the Federal Republic of Nigeria. This
means he has been sworn in twice
already, not as acting president but
with full powers as commander-in-
chief,” a source who spoke on condition
of anonymity said.
The contentious Section 135 (1) & (2) of
the Constitution provide thus:
“(1) Subject to the provisions of this
Constitution, a person shall hold the
office of President until – (a) his
successor in office takes the oath of
office; (b) he dies whilst holding such
office; or (c) the date when his
resignation from office takes effect; or
(d) he otherwise ceases to hold office
in accordance with the provisions of
this Constitution. (2) Subject to the
provisions of subsection (1) of this
section, the President shall vacate his
office at the expiration of a period of
four years commencing from the date,
when – (a) in the case of a person first
elected as President under this
Constitution, he took the Oath of
Allegiance and the Oath of office; and
(b) in any case, the person last elected
to that office under this Constitution
took the Oath of Allegiance and the
Oath of office but, for his death, has
taken such oaths.”
Meanwhile, the source also hinted that
President Jonathan is already
consulting with stakeholders across the
country and beyond on his eligibility to
contest in the 2015 election although
he is believe to officially declare soon.
It would be recalled that the ruling
Peoples Democratic Party (PDP) on
Thursday, September 18, 2014, adopted
President Goodluck Jonathan as its
sole candidate for the 2015 presidential
elections. A development that is
believed to be challenged by governor’s
under the platform of the party after
PDP, National Working Committee,
NWC, recently issued a warning to all
its state chapters.

SOURCE-naij

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