By  Festus Ahon
UGHELLI—A Warri based lawyer, Dr Akpo Mudiaga-Odje, says the zoning policy of the People’s Democratic Party, PDP,  is unconstitutional, null and void.

He said it was in conflict with Sections 17(2)(a) 42 and 131 of the 1999 constitution. Odje noted that the only qualifications required of anybody aspiring to contest for the office of the President were clearly set out in section 131 of the constitution.

According to him, section 131 provides that,  “A person shall be qualified for election to the office of President if; he is a citizen of Nigeria by birth; he has attained the age of forty years; he is a member of a political party and is sponsored by that political party; and he has been educated up to at least School Certificate level or its equivalent.”

Odje in a statement,  yesterday said, “these are the only conditions or qualifications any presidential aspirant has to fulfill before he can contest, in addition to other monetary commitments. Accordingly, any other conditions or restrictions put in place by a political party will amount to either curtailing or enlarging the provisions of the constitution, which will be unconstitutional.

“It is, therefore, judicially safe to conclude that in the light of both legal and judicial authorities, the zoning policy of the PDP is unconstitutional, null and void, same being in gross violation of section 17(2)(a), 42 and 131 of the 1999 constitution.

“Indeed as a Nigerian, I believe that irrespective of where you come from, once you have met the constitutional requirements to contest election into an office, you are abundantly qualified. Like I always emphasize, you have a right to contest and not a right to win. Let the supreme will of the electorate determine your election, whilst the supremacy of the constitution determines your qualification.

“Once President  Goodluck Jonathan satisfies the conditions listed in Section 143 of the 1999 constitution, relating to qualification for President, he will have an uninhibited and inalienable right to context in 2011.”

“There is a difference between right to contest and right to win. The right to win is with the electorate.” To this end, he called for the amendment of Section 144 of the Electoral Act, 2006 as amended, to include a registered voter as one of the persons who can file an election petition.