Jonathan, the Constitution and 2015 election

However, once President Jonathan informs the Peoples Democratic Party (PDP) of his intention to participate in the 2015 presidential election, the ruling by Justice Evelyn Anyadike of the Federal High Court, Kaduna that he can contest in 2015 because he has immunity, will not hold water. Nobody is suing President Jonathan on civil or criminal […]

However, once President Jonathan informs the Peoples Democratic Party (PDP) of his intention to participate in the 2015 presidential election, the ruling by Justice Evelyn Anyadike of the Federal High Court, Kaduna that he can contest in 2015 because he has immunity, will not hold water. Nobody is suing President Jonathan on civil or criminal grounds. The issue, once President Jonathan announces his intention to contest, is whether his participation in the 2015 presidential election will not injure or breach provisions of the 1999 constitution (as amended). The issue is the courts’ interpretation of section 135(2)(b) of the constitution in relation to Jonathan’s desire to continue in office as President beyond 2015.
Section 135 (2)(b) of the 1999 constitution (as amended) says: “Subject to the provisions of subsection (1) of this section, the President shall vacate his office at the expiration of a period of four years commencing from the date, when – in any other case, the person last elected to that office under this constitution took the Oath of Allegiance and Oath of Office or would, but for his death, have taken such oaths”.  Of course, the phrase “in any other case’’ refers to various situations where a Nigerian citizen gets sworn-in as President without contesting and winning an election. Dr. Jonathan was sworn-in as President on May 6, 2010 without contesting and winning an election.
Incidentally, the person last elected to the office of President before Dr. Goodluck Jonathan took over was Alhaji Umaru Musa Yar’Adua whose tenure ended on May 5, 2010, when he died. Section 135(1)(b) of the constitution says: “Subject to the provisions of this constitution, a person shall hold the office of president until – he dies whilst holding such office”. What this means is that President Yar’Adua’s tenure ended the day he died, and the question of anybody completing his “unexpired tenure” does not arise, as far as the constitution of the Federal Republic of Nigeria is concerned.
Now, President Umaru Yar’Adua took the Oath of Allegiance and Oath of Office as President of Nigeria on May 29, 2007. Going by the provisions of section135 (2)(b) of the 1999 constitution (as amended), the first four-year tenure of Dr Jonathan as president commenced on May 29, 2007 and ended on May 29, 2011.  This is so because the constitution of the Federal Republic of Nigeria does not recognize any term like “the unexpired tenure of a deceased President”. In this wise, can President Jonathan participate in an election that will enable him direct the affairs of this country for more than eight years if he wins?
If President Jonathan is allowed to contest the 2015 presidential election, the action will clearly undermine the position of the Supreme Court on the tenure of public officials. In the case of five PDP State governors (Nyako, Sylva, Imoke, Wamakko and Idris) Vs INEC, the Supreme Court held that “The 1999 Constitution has no room for self-succession for a CUMMULATIVE TENURE EXCEEDING EIGHT YEARS…… It is very clear from the relevant provisions that NO PERSON elected under the 1999 constitution can remain in office A DAY LONGER than provided, otherwise the intention of the framers of the constitution would be defeated—- The constitution does not support an interpretation of unbroken tenure of four years or a term in perpetuity.’’ With this kind of position by the Supreme Court, is it possible for President Jonathan to constitutionally contest the 2015 election?
A combined reading of the provisions of section 135 (2)(b) of the constitution and the ruling of the Supreme Court in the case of five PDP state governors versus INEC suggests that President Jonathan is ineligible for the 2015 presidential election even when he is yet to contest election to the office of President twice. This has to do with the fact that President Jonathan’s right to contest the 2015 presidential election cannot be allowed to subvert provisions of the constitution which allows for a maximum of eight years of two(2) terms for the office of the President. If President Jonathan is allowed to contest the 2015 presidential election and he wins, he will preside over the affairs of the country up until 2019. This situation is unacceptable to the constitution of the Federal Republic of Nigeria.
There is no doubt that the 1999 constitution (as amended) grants President Jonathan the right to contest the 2015 presidential election. After all, Section 137(1)(b) of the constitution says: “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”. However, in exercising his right to contest a second election to the office of the President, the constitution will not allow Jonathan to ridicule the letter and spirit of Section 135(2)(b) of the supreme law of the land. It is not for nothing that Section 1(1) of the constitution says: “This constitution is supreme and its provisions shall have binding force on all authorities and persons throughout the Federal Republic of Nigeria”.

Dimgba wrote from Abuja<[email protected]>;