The Incorporated Trustees of Rights for All International, a human rights organisation, sought a Federal High Court in Abuja on Friday to bar ex-President Goodluck Jonathan from running for president in 2023, among other things.
The group also asked the court to stop the All Progressives Congress from presenting Jonathan as its candidate for the election and to stop the Independent National Electoral Commission from recognising him as the party's candidate.
These were among the reliefs sought by RAI through its lawyer, Okere Nnamdi, in a new complaint marked: FHC/ABJ/CS:662/2022.
Along with Jonathan, the APC and INEC were named as defendants in the complaint, which was obtained by journalists in Abuja.
Jonathan was no longer qualified under the constitution to stand for election as Commander-in-Chief of the Armed Forces, according to the plaintiffs, after taking the oath of office twice.
In a supporting affidavit, RAI asserted that the first defendant (Jonathan) had been twice elected to the role of President and had previously held the position.
"Despite having already held the office of President of Nigeria on two times, the 1st defendant has received the presidential nomination form of the 2nd defendant (the APC) to fight the presidential election of 2023 as the candidate," the organisation claimed.
The Nigerian constitution stipulates both qualifications and disqualifications for running for President of the Federal Republic of Nigeria.
"The first defendant served his second term as President of Nigeria, having been elected President of the Federal Republic of Nigeria in 2011 and sworn in as President of the Federal Republic of Nigeria from May 29, 2011 to May 29, 2015.
The first defendant has complied with constitutional requirements, having been elected and sworn in as President of the Federal Republic of Nigeria in two previous elections, as provided for in Section 137 (1) (b) of the Constitution.
"The first defendant is constitutionally ineligible to run any presidential election in Nigeria, having previously been elected, sworn in, and held the office of President of the Federal Republic of Nigeria."
The plaintiff requests that the court declare that the 1st defendant is not in violation of the Constitution of the Federal Republic of Nigeria, 1999 (Fourth Alteration Act No. 16), which added a new subsection (3) to Section 137 of the Constitution.
RAI is seeking an order permanently restraining, prohibiting, and barring the 2nd defendant (the APC) from nominating Jonathan as its presidential candidate for the 2023 presidential election on the grounds that he is constitutionally ineligible to contest any presidential election in Nigeria, having previously been elected, sworn-in, and held the office of President of the Federal Republic of Nigeria on two occasions.
The plaintiff also requests that the court issue an order permanently prohibiting, prohibiting, and barring the 3rd defendant (INEC) from accepting the 1st defendant's nomination as the 2nd defendant's presidential candidate for the 2023 presidential election on the grounds that Jonathan is constitutionally ineligible to run in any presidential election in Nigeria, having been elected, sworn-in, and held office.
Source: Punch News