A member of the Peoples Democratic Party (PDP), Mr. Cyriacus Njoku, on Tuesday sued President Goodluck Jonathan at an Abuja High Court over the status of which term he is serving in office. He attempts to stop the president from being a 2015 candidate.
This came as a result of the declaration by the President last week that he is serving his first term in office.
The aggrieved party man is claiming that Jonathan is running a second term in office and cannot be a candidate in 2015.
He also said the President cannot swear to an Oath of Office thrice in the light of Section 137(1) (b) of the 1999 Constitution.
Those joined in the matter are the President (first respondent), the PDP (second respondent), and the Independent National Electoral Commission (INEC) as the third Respondent.
But the PDP refused to be served the originating summons yesterday, claiming that it has no National Secretary or National Legal Adviser in place.
The plaintiff further wants the court to determine the following:
•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
•Whether Section 137(1) (b) of the 1999 Constitution 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 1st 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, last year.
The latest act by Mr. Cyriacus Njoku is not the first time he is seeking to stop President Goodluck Jonathan from emerging as the Presidential candidate of the party.
He also filed a suit in 2010 through his counsel, Mr. Osuagwu Ugochukwu, seeking for an order of the court to set aside all decisions and resolutions taken and passed by the National Executive Committee of the party since March 8, 2008 in violation of Section 223(1)(a) 1999 Constitution of Nigeria.