The President, Dr. Goodluck Jonathan, has declared himself constitutionally qualified to stand for the 2015 presidential election.
Jonathan said as a first-term president, he has the backing of the constitution, to seek a second term mandate.
In the declaration made before an Abuja High Court, Jonathan said those who cannot contest for the presidency again, according to Section 137(1) (b) of the 1999 Constitution, are those who have been elected into the office of President of the Federal Republic of Nigeria “at any two previous elections.”
Reacting to a suit filed by a chieftain of his party, the Peoples Democratic Party, Cyriacus Njoku, seeking to stop him from seeking a fresh mandate in 2015, Jonathan said in a 15-paragraph counter-affidavit deposed to by a counsel, Osahon Okeaya-Inneh of Ade Okeaya-Inneh and Co: “The first defendant is currently doing his first term of four years in office as the President of Nigeria as provided by the 1999 constitution as amended.
“President Jonathan’s status and position is formidably backed by the 1999 Constitution.
“The constitution of Nigeria only makes provisions for a president to contest for not more than two terms of four years each.
“The constitution recognises the President’s tenure of office to be four years.
“I was informed by Dr. Reuben Abati (an aide of the President) on April 4, 2012 at about 5.30 p.m. in his office and I verily believe that.
“The first defendant has not indicated or announced anywhere whether in words or in writing that he will contest for the presidential election in 2015.
“The late President Umaru Yar’Adua contested and won the presidential election conducted in 2007 for one term of four years. He was the President from May 29, 2007 until sometime in May 2010 when he passed on. ‘Yar’Adua’s four years was to end in 2011.”
Njoku, had on March 20, 2012 filed the suit following a declaration by the President in March that he is serving his first term in office.
He said Jonathan is running a second term in office and cannot be a candidate in 2015.
He also said the President could not swear to an oath of office three times as contained in Section 137(1) (b) of the 1999 Constitution.
Those joined in the matter are the President, the PDP and the Independent National Electoral Commission.