Human rights lawyer, Mr. Femi Falana, yesterday sent shock waves into the camp of Dr. Goodluck Jonathan saying section 137 (3) of the Nigerian constitution (as amended) has barred the former president from contesting the 2023 presidential election.
He stated this in a statement amidst growing calls on Jonathan to join the presidential race ahead of the 2023 polls.
“It has been confirmed that former President Goodluck Jonathan has decided to join the All Progressives Congress, APC, to contest the 2023 presidential election.
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.’
“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 grounds that a governor is entitled to spend a maximum period of eight years or less and not more than eight years,” Falana stated.
The senior lawyer recalled that Jonathan became the president in 2010 following the death of President Umaru Yar’adua, Yaradua and later contested and won the 2011 presidential election.
He further said Jonathan, who was Nigerian 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.
Falana said Jonathan spent five years in office as president which, according to him (Falana) would make it nine years in office if he (Jonathan) contests and wins again.
“It is not in dispute that Dr. Jonathan became the President of Nigeria in 2010 following the sudden death of President Umaru 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,” he added.
