By law, Jonathan is out of Presidential race – Falana
Human rights lawyer, Femi Falana, has said former President Goodluck Jonathan cannot contest in the 2023 presidential election. He hinged this on constitutional provisions barring the ex-president from seeking re-election. APC ticket: 2 northern govs behind Jonathan’s return bid Dump PDP For APC to return to Aso Rock As President, Pastor tells Jonathan This is […]
Human rights lawyer, Femi Falana, has said former President Goodluck Jonathan cannot contest in the 2023 presidential election.
He hinged this on constitutional provisions barring the ex-president from seeking re-election.
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This is coming amidst growing calls on Jonathan to contest the election. He is speculated to have concluded plan to join the ruling All Progressives Congress (APC) to contest the Presidential election.
Falana, in a statement, noted that Jonathan, who was President between 2010 and 2015, would breach constitutional term limits of two terms of eight years if he runs for the presidency and wins again.
He said, “Dr. Jonathan is disqualified from contesting the 2023 presidential election. The reason is that if he wins the election, he will spend an additional term of four years.
“It means that he would spend a cumulative period of nine years as President of Nigeria in utter breach of Section 137 of the Constitution which provides for a maximum two terms of eight years.”
According to Falana, by virtue of section 137 (3) of the Nigerian constitution, Jonathan cannot seek a re-election to the office of the president having completed the tenure of the late President Yar’adua and sworn in again for a full four-year term in 2011 upon winning the presidential election in his own name.
Section 137 (3) of the constitution reads: “A person who was sworn in to complete the term for which another person was elected as President shall not be elected to such office for more than a single term.”
Falana further faulted argument that the provision cannot be applied retroactively to have effect on Jonathan.
He added: “Some people have said that the amendment is not retrospective and therefore cannot apply to Dr. Jonathan.
“Assuming without conceding that the amendment is not retrospective it is submitted that under the current Constitution a President or Governor cannot spend more that two terms of eight years.
“In other words, the Constitution will not allow anyone to be in office for more than a cumulative period of eight years.
“In Marwa v. Nyako (2012) 6 NWLR (Pt.1296) 199 at 387 the Supreme Court stated that Section 180 (1) and (2)(a) of the 1999 Constitution of the Federal Republic of Nigeria has prescribed a single term of 4 years and if a second term, another period of 4 years and not a day longer.
“In the case of Gov. Ladoja v INEC (2008)40 WRN 1 the Supreme Court rejected the prayer of Governor Ladoja for 11 months’ extension to cover the period he was kept out of office through illegal impeachment.”