Lawsuit On Jonathan Sole Candidacy: Matters Arising

By Edwin Uhara
Following the unanimous adoption of President Good Luck Jonathan by the
National Executive Committee (NEC) of the ruling People Democratic
Party (PDP) as its sole Presidential Candidate for next year
Presidential election at its 66th NEC meeting in Abuja last month, many
had thought that the party is now united to face the opposition All
Progressives Congress (APC) in the February 14, 2015 Presidential
election, but, with the latest news coming from the largest political
party in Africa, all is not yet uhuru.
It was reported earlier this week by a national daily that a former
governorship aspirant for Adamawa state by-election on the platform of the
People Democratic Party (PDP), Dr. Umar Ardo has filed an appeal
before the Court of Appeal Abuja, asking it to grant him leave as an
interested party to be joined in an earlier suit decided at a Federal High
Court Abuja between one Mr. Cyriacus Njoku, a member of the ruling party
and President Good Luck Jonathan. It will be recalled that, the said Njoku
had in suit no. FCT/HC/CV/2449/2012 filed before an Abuja High Court was
challenging the legality of President Good Luck Jonathan standing for an
election next year, having taken an Oath of Office twice. While delivering
judgment on the matter on March 1st 2013, the court held that President
Jonathan was eligible to contest the 2015 Presidential election. This made
Mr. Njoku to appeal the judgment which is still pending at the Court of
Appeal.
In lieu of this, Dr. Ardo is depending on the logic of the case to sue Dr.
Jonathan and the PDP for adopting him as the sole Presidential Candidate
of the party for next year Presidential election.
In the suit filed by Dr. Amuda Kannike (SAN) and Doueyi Fierikuno on
behalf of Dr. Ardo is asking the court to quash the September 8, 2014
resolution of the National Executive Committee (NEC) of the party which
endorsed President Jonathan as its sole Presidential candidate. He claimed
that his fundamental human rights as a Nigerian and as a financial member
of the PDP had been breached by the endorsement of the President by the
NEC and other organs of the party.
He has this to say: Iam desirous of contesting the election to the
office of the President of the Federal Republic of Nigeria which is slated
to hold on or before February 2015. And my desire is mainly built on my
conviction that the President would not be eligible to contest the said
election which would have cleared the way for a free and fair level
playing ground contest for party primary. The Court of Appeal had
subsequently fixed October 20 as a date for hearing the case.
However, while this article is not intended to pre-empt the outcome of the
suit filed by Dr. Umar Ardo before the Court, it must state categorically
that, Dr. Ardo has already jumped the gun by alleging that his desire to
vie for President is Mainly built on his conviction that the President
would not be eligible to contest for next year Presidential
election. (Sic)
Allegedly concluding that the President would not be eligible to contest
the next year Presidential election when the appeal filed on the
President eligibility for re-election next year by Mr. Cyriacus Njoku
is still pending before the Court of Appeal, leaves bitter taste in the
mouth.
Secondly, it was never reported anywhere that Dr. Umar Ardo had at any
time indicated interest to contest for President on PDP platform
before and as at the time the National Executive Committee (NEC) of the
party adopted the President as its sole Presidential candidate. Instead,
all that was reported was that, Dr. Ardo was a governorship aspirant on
the platform of the PDP for the botched October 11, 2014 Adamawa State
Governorship bye-election.
Besides, the adoption of the President as sole candidate of the party by
the NEC was not a unilateral decision, but a unanimous resolution by all
organs of the party; which includes the PDP Governors Forum and the Board
of Trustees (BOT) members of the party. And when the National Chairman of
the party, Dr. Adamu Muazu subjected the various endorsements to voice
vote, there was no objection covertly or overtly. So, from where did the
case of breaching the fundamental human rights of Dr. Ardo to vie for
President of Nigeria on the platform of the ruling People Democratic
Party (PDP) emanates from?
True answers to the above question has become very necessary because, a
national daily had earlier reported that some group of persons from
certain sections of the country have perfected plans to use multiple
litigations to cow the President from seeking re-election next year.
Besides, if I may ask, is the lawsuit instituted against the adoption of
the President as the sole candidate of the PDP for next year
Presidential election by Dr. Ardo, the first of the multiple lawsuits
against the President the first to be expected? Would they be instituting
the suits against the President rationally or on flimsy grounds? Would
illogical and incoherent multiple lawsuits against the candidacy of Dr.
Jonathan amount to abuse of judicial process? And when such abuse occur,
what would be the consequences to deter others from embarking on such
legal jaywalk?
Until cogent answers are provided to the above questions, Nigerians would
assume that this is another clandestine conspiracy against the hoi polloi
by certain elites in the country.
Comrade Edwin Uhara is a staunched supporter of the President, an Activist
and a Public Affairs Commentator.
He is also a member of PDP Project Reloaded Media Team, Abuja.
Reach him on 07065862479 or edwinuhara@rocketmail.com