From Tayese Mike, Yenagoa

The controversies surrounding former President Goodluck Ebele Jonathan’s eligiblity to contest next year’s presidential election has been put to rest as the  Federal High Court sitting in Yenagoa has declared that former the President is eligible to contest the 2023 presidential election.

Though Jonathan himself has not come out categorically to declare to Nigerians whether he will context or not and under what platform even though it is being speculated that he might contest under the platform of the All Progressives Congress(APC).

The presiding judge, Justice Isa Dashen made the declaration in the judgement that lasted for over two hours on Friday.

Justice Dashen held that Jonathan only was elected into the office of the President of the Federal Republic of Nigeria once in 2011 as he only completed the term of Late President Umaru Musa Yar’adua in 2010 “not on the basis of any election but by constitutional appointment.”

He further declared as “spurious, baseless and unsubstantiated,” the plaintiffs claims that Jonathan has been elected as president on two previous elections.

He also ruled that Jonathan’s right to contest for the office of president again cannot be denied by any retroactive law.

In an origination summons filed by some members of the All Progressives Congress, APC, led by Andy Solomon and Idibiye Abraham, the plaintiffs had sought an order of the court stating that Jonathan is not affected by the fourth alteration to the constitution barring Vice-Presidents who succeed their principals from serving more than one full term.

In the suit marked FHC/YNG/CS/86/2022, the Jonathan, the All Progressives Congress, APC, and the Independent National Electoral Commission, INEC, were listed as defendants.

Reacting to the judgement, counsel to Jonathan, Eric Omare, said: “Some members of the All Progressives Congress, APC, led by Andy Solomon approached the federal high court to seek for two declarations essentially, his case was that by virtue of Section 137 subsections1(b), Jonathan having taken the oath of office as president on two occasions is disqualified from contesting the presidential election.

“Secondly, he also contended that by virtue of Section 137 subsection 3 which was brought into the Constitution by the fourth alterations to the Constitution in 2018, Jonathan having completed the term of Late President Umaru Musa Yar’adua and having served one term is no longer qualified to contest.

“We joined the issues with them and today in a well considered judgment that lasted for over two hours, the court agree with us that one, Jonathan only had not contested for the President of the Federal Republic of Nigeria on two occasions that he only completed the term of Late President Yar’adua on the basis of constitutional requirements.

“Secondly, the court also held that the fourth alteration which also introduced Sections 137, subsection 3, does not apply to disqualify Jonathan, so in summary the court agree with us and held that Jonathan is qualified t contest the 2023 presidential election.”

In his reaction to judgement, counsel to the plaintiffs, Sigha Egbuwabi, said: “We are the plaintiffs counsel in this suit challenging the eligibility of the first defendant Dr. Goodluck Ebele Jonathan, we canvassed our position before the court that he is no longer eligible by the introduction of Section 137 subsection (1b) and subsection 3 because he has taken the oath for the office of the president twice.

“Because he has taken the oath to the office of the President twice and by introduction of subsections 3 which is the law as it is now, it is our position that under that law he is going to be screened for the election coming 2023 which primaries will commence very soon.

“What we have canvasses is that he is no longer eligible, ordinarily we know that former President Jonathan is a good person, a person who has ruled this country with integrity and dignity, we do not have any challenge having him back again, however, we also do not want a situation where he will come to transgressed the law.

“For so much integrity he has acquired, he worked hard to acquire all these and he will be allowed to slip into an error that will make him transgressed the law will not equally speak well of him. That was the reason why our clients who were the plaintiffs instituted this matter.

“The court has though ruled otherwise but we are eager to have a copy of the judgement, we will come together look at it critically but I always assuage everybody that we will go to the court of appeal to test it.

It is not as if we are eager to deny him contesting the presidential election but what we are maintains is that he cannot be allowed to transgressed the law that is what we are maintaining and by provisions of that Subsection 3 though its commence in 2018, what we are maintaining is that he is no longer eligible, the law now as it is, we are talking of the law as it is, not the law as its ought to be, not the law, not the law as it was but the law as it is.”

As at the time of filling in this report, their is no official statement from former president Jonathan media team as the numbers of his media is switched off.