Thursday, November 22, 2012

2015 Polls: Fresh litigation against Jonathan commences


A fresh legal battle seeking to stop President Goodluck Jonathan from contesting in the 2015 general election commenced on Wednesday before a Federal High Court sitting in Abuja.
The plaintiff, Henry Amadi, had through his counsel, C.N Eke, approached the court seeking its order restraining Jonathan from contesting for the office of the President of Nigeria at the end of his current term of office in 2015.
Joined as second defendant is the Independent National Electoral Commission (INEC).
The plaintiff is seeking for a declaration that having taken the oaths prescribed in section 140(1)&(2) of the constitution on two previous occasions, the first defendant is not qualified to contest as candidate for election to the office of the President of the Federal Republic of Nigeria in 2015.
He further wants the court to restrain INEC from accepting any nomination of the first defendant as candidate for election to the office of President of the Federal Republic of Nigeria under any party’s platform at the expiration of his current term.
He averred in his 17- paragraph affidavit that, “in recent time there has been a clamour by several persons urging the first defendant to contest the election again to the office of the President of the Federal Republic of Nigeria at the expiration of the current term in May 2015.
“I know as of fact that the first defendant is very likely to win the said election if he heeds the clamour to stand as candidate in that election given his popularity and the factor of incumbency.”
Amadi contended that if Jonathan is eventually elected to the office of president in 2015, he would spend more time in office than the period envisaged by the constitution.
President Jonathan has, however, filed a notice of preliminary objection through his counsel, Ade Okeaya-Inneh SAN.
Jonathan submitted that the originating process by which the action was commenced was invalid for non compliance with the provisions of Order 3 Rule 12(3) and Order 7 Rule 1 of the Federal High Court(Civil Procedure) Rules 2009.

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