Nigeria’s former President, Goodluck Jonathan is ineligible to contest the 2023 presidential election on the basis of Section 137 (3) of the Constitution of the Federal Republic of Nigeria, 1999 (as amended), says Femi Falana, human rights lawyer.
Jonathan has been under pressure to run for the presidency on the platform of the ruling All Progressives Congress, from interested groups that want him to defect from the People’s Democratic Party.
Media reports have fingered two northern governors as being behind the forces that want Jonathan to run on the APC ticket. Last week, a group of protesters besieged the former president’s office in Abuja, insisting that he must run for the office he left in 2015 after losing to President Muhammadu Buhari. Jonathan was elected in 2011.
Jonathan had responded to the group to watch out for his decision, stating that consultations were still ongoing.
“It has been confirmed that former President Goodluck Jonathan has decided to join the All Progressives Congress, APC, to contest the 2023 presidential election,” Falana wrote in a statement he issued on Wednesday.
“However, the former President is disqualified from contesting the said election by section 137 (3) of the Constitution of the Federal Republic of Nigeria, 1999 as amended which provides as follows:
“‘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.’
Retroactive…
Falana noted that 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 than 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 four years and if a second term, another period of four 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.
“The Supreme Court rejected the prayer on the ground that a Governor is entitled to spend a maximum period of eight years or less and not more than eight years.
“It is not in dispute that Dr. Jonathan became the President of Nigeria in 2010 following the sudden death of President Umoru Yar’adua.
“He later contested and won the 2011 presidential election. Having spent five years in office as President, 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 4 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.”
While many APC members have declared interest in the presidency, there is still support for the former president should he show interest in the seat. Prof Ben Ayade, the governor of Cross River State, one of the latest entrants to the race, has said he is ready to withdraw once Jonathan shows interest.
In Bayelsa, Jonathan’s home state, the governor, Douye Diri, has given blanket support for the former president, warning that civil servants in the state who oppose the move risk being sacked.
It is not clear how long former President Jonathan would keep both his supporters and detractors guessing.
