President
Goodluck Jonathan on Monday affirmed that his stay in office could
legally go beyond eight years under certain conditions.
Jonathan declared this in an Abuja High Court hearing, following a suit against his alleged 2015 re-election bid.
The case was filed by People’s Democratic Party presidential aspirant, Mr Cyriacus Njoku, on March 20 seeking the determination of section 135 (2) and 137 (1) of the Constitution which limit presidential tenure to maximum of two terms of four years each.
Counsel to Jonathan, Mr Kenechukwu Nomeh, who represented Mr Ade Okeaya-Inneh (SAN), argued that under section 315 (3) of the constitution, a president could stay in office for additional time beyond his tenure in certain circumstances.
“The tenure of occupant of an office can be extended by the National Assembly for six months in following conditions: when the nation is at war and in situation of death of the occupant of the office which applies to President Jonathan,” he said.
He urged the court to dismiss the suit for being incompetent and premature.
Earlier, Justice Mudashiru Oniyangi overruled an objection by Jonathan and the PDP that a certain newspaper publication is not a sufficient cause of action.
The publication in question, marked Exhibit VRA 1, is the Punch newspaper of March 16, 2012, which contained a statement credited to the Jonathan’s spokesman Reuben Abati alluding to the President’s intention to seek re-election.
Oniyangi also upheld the submission of Mr Njoku that the suit being a constitutional matter, he needed not show evidence of sufficient interest as locus standi to institute the action.
The case has been adjourned till October 18, in consideration of the annual vacation of the FCT High Court which begins on August 6.
Jonathan declared this in an Abuja High Court hearing, following a suit against his alleged 2015 re-election bid.
The case was filed by People’s Democratic Party presidential aspirant, Mr Cyriacus Njoku, on March 20 seeking the determination of section 135 (2) and 137 (1) of the Constitution which limit presidential tenure to maximum of two terms of four years each.
Counsel to Jonathan, Mr Kenechukwu Nomeh, who represented Mr Ade Okeaya-Inneh (SAN), argued that under section 315 (3) of the constitution, a president could stay in office for additional time beyond his tenure in certain circumstances.
“The tenure of occupant of an office can be extended by the National Assembly for six months in following conditions: when the nation is at war and in situation of death of the occupant of the office which applies to President Jonathan,” he said.
He urged the court to dismiss the suit for being incompetent and premature.
Earlier, Justice Mudashiru Oniyangi overruled an objection by Jonathan and the PDP that a certain newspaper publication is not a sufficient cause of action.
The publication in question, marked Exhibit VRA 1, is the Punch newspaper of March 16, 2012, which contained a statement credited to the Jonathan’s spokesman Reuben Abati alluding to the President’s intention to seek re-election.
Oniyangi also upheld the submission of Mr Njoku that the suit being a constitutional matter, he needed not show evidence of sufficient interest as locus standi to institute the action.
The case has been adjourned till October 18, in consideration of the annual vacation of the FCT High Court which begins on August 6.
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