The court struck out the suit filed by a member of the ruling Peoples Democratic Party (PDP) asking the court to stop the president from seeking re-election in the 2015 polls, on the plenary objections raised by the counsel to President Jonathan and the PDP.
The case was brought before the court by two chieftains of the PDP, Richard Mneaga and Shuaibu Lilly.
The duo sought for, among other prayers, an order of the court to disqualify President Jonathan from presenting himself as the presidential candidate of the PDP in the 2015 election, and for the court to order the Independent National Electoral Commission (INEC) to restrain the PDP from accepting the nomination of Jonathan as its presidential candidate in the 2015 election.
In the suit, filed on October 7, 2013, they insisted that Jonathan had completed eight years in office as president of the Federal Republic of Nigeria calculated from May 29, 2007.
The plaintiffs also sought for a declaration that President Jonathan is not entitled to a tenure of office as president exceeding eight years calculated from 2007.
Ruling on the case, the presiding judge, Justice Evelyn Anyadike said the plaintiffs lack the locus standi to drag President Jonathan to court based on section 308 of the constitution which gives him immunity not to sue or be sued, and, therefore, affirmed that Jonathan has the constitutional right to contest the presidency in 2015 if he so desires.
She also said the court lacks the jurisdiction to entertain the matter since the plaintiffs did not follow the due process of filing their case, saying the petition was served out of jurisdiction.
She, therefore, dismissed the case for lack of merit.
Reacting to the judgement, counsel to the plaintiffs, Mohammed Ibrahim faulted the technicalities on which the judge relied to deliver her judgement instead of looking at the matter on its merit.
He said they will proceed to the Appeal Court for further interpretation of the lower court’s judgement and also for the upper court to determine whether President Jonathan has the constitutional right to seek another term in office in 2015.
On their part, counsels to President Goodluck Jonathan and the PDP, Barr. Nnamdi Ekwam and Victor Kwon hailed the judgement, describing it as another landmark victory for democracy and rule of law.
They faulted the petitioners for dragging Jonathan to court since he has not declared his intention to contest the presidency in 2015.
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