PDP CHIEF: Jonathan Has Spent Two Terms In Office

President Goodluck Jonathan
President Goodluck Jonathan is spending his second term in office, a member of his Peoples Democratic Party (PDP) has told a court.
Move to stop a legal dispute over the President’s political future seems to have collapsed – going by this case.
The PDP member, Mr. Cyriacus Njoku said Dr. Jonathan ran for president in his first term in office on a single and inseparable ticket with the late President Umaru Yar’Adua.
He said the 1999 Constitution does not make provisions for separate elections both for the office of the president and the vice-president.
Njoku made the presentation, through a written address by his counsel, Osuagwu Ugochukwu, to the High Court, which is hearing his application to stop the President’s bid for second term in 2015.
Justice Mudashiru Oniyangi will rule on Njoku’s application on October 18.
The applicant raised two questions for determination by the court.
These are:
“Whether Section 135(2) of the Constitution, which specifies a period of four years in office for the President, is only available or applicable to a person elected on the basis of an actual election or includes one in which a person assumes the position of President by operation of law, as in the case of Dr. Goodluck Jonathan; and
.Whether Section 137(1) (b) of the Constitution of the Federal Republic of Nigeria 1999, which provides that a person shall not be qualified for election to the office of President, if he has been elected to such office at any two previous elections, applies to the first Defendant who first took an Oath of Office as substantive President on May 6, 2010 and took a second Oath of Office as President on May 29, 2011.
In a written address by his counsel, which was obtained by our correspondent, the plaintiff argues that:
“It is settled law that in interpreting the provisions of a Constitution, the entire provisions of the Constitution ought to be read and construed together, and not in isolation of one another. Applying the above principles of interpretation of the provisions of a Constitution to this matter, the relevant sections of the 1999 Constitution that ought to be read and construed together would include Sections 130, 133, 134, 135, 136, 137, 139, 140, 141, 142, 143, 144, and146 of the 1999 Constitution.

Culled from a Nigerian newspaper, The Nation

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