President Goodluck Jonathan has told an Abuja High Court that he is currently serving out his first term of four years from the constitutionally provided two terms, according to an affidavit filed by his lawyers in a case challenging his eligibility for a second tenure in 2015.The case was instituted by a PDP presidential aspirant, Mr. Cyriacus Njoku, who is asking the court to determine if Jonathan could seek re-election in 2015, having taken the presidential oath of office twice so far'first in May 2010 after Yar'Adua's death and then in May last year after the 2011 elections.In a counter affidavit to the motion brought by Mr Njoku, Jonathan said through his counsel that he was in his first term, not second, as 'the constitution of Nigeria only makes provisions for a president to contest for not more than 2 terms of 4 years each.'The reply, filed by the chambers of Mr Ade Okeaya-Inneh (SAN) on behalf of the President, also said Jonathan has never indicated or announced anywhere that he would be standing in the Presidential elections in 2015.'The 1st defendant (Jonathan) is currently doing his first term of 4 years in office as the president of Nigeria as provided by the 1999 constitution as amended. The 1st defendant's status and position is formidably backed by the 1999 constitution.'The constitution of Nigeria only makes provisions for a president to contest for not more than 2 terms of 4 years each. The constitution recognises the Executive President's tenure of office to be 4 years.'I was informed by Dr Reuben Abati on the April 4, 2012 at about 5.30 pm in his office and I verily believe that. 'The 1st defendant has not indicated or announced anywhere whether in words or in writing that he will contest for the presidential elections to be conducted in 2015.''The late President Umaru Musa Yar'Adua contested and won the presidential elections conducted in 2007 for a one term of four years. He was the president from May 29, 2007 until sometime in May 2010 when he passed on. Yar'Adua's four years was to end in 2011.'Jonathan said on May 6, 2010 he was sworn in as the president after the demise of the late Yar'Adua thereby completing Yar'Adua's 12 months of the 4 years tenure.Referring to his election last year, he said this was the first time he was coming to power as the president of Nigeria through a conducted election wherein he was voted as the presidential candidate of his party.The President's counsel also told the court that Njoku did not attach copies of his recent tax clearance certificate and his PDP membership card.He therefore asked the court to dismiss the suit as it was and academic exercise meant to make the court labour in futility.Njoku on March 20 filed his case seeking a restraining order against President Jonathan from vying for President in the next elections.In the suit brought through his counsel Ugochukwu Osuagwu, he argued that under Section 136 (1) of the Constitution, no President 'shall take the Oath of Allegiance and the Oath of Office prescribed in the Seventh Schedule to this Constitution more than twice.'In his suit, Njoku demanded a determination of whether the provisions of sections 137 (1) and 136 (1) of the Constitution, which say that a President who has been elected twice shall not be qualified for election to the same office, apply to Jonathan who first took oath of office as substantive President on May 6, 2010 and another oath on May 29, 2011.He is also seeking interpretation of the court on whether section 135 (2) of the Constitution which specifies a period of four years in office for the President is only applicable to a person elected by actual election or includes one who assumes of office by operation of law as in Jonathan's case.Justice Mudashiru Oniyangi has fixed Wednesday for hearing.In the run up to the elections last year, Jonathan had been quoted to have said that he would not seek re-election in 2015. But it is widely believed in political circles that he was planning to stand for President again.Niger Delta leaders have also been speaking lately to say that their region was supporting the President for a second term.
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