A legal twist appears to have been thrown on the path of former President Goodluck Jonathan, who it appears is preparing to throw his hat in the ring and contest in the 2023 presidential election.
President Jonathan who was defeated in 2015 by the incumbent, is being speculated to run on the ticket of the ruling All Progressives Congress(APC).
Human rights lawyer, Femi Falana on Thursday said that the former president is not qualified to contest for the election.
Falana who said he has confirmed that Jonathan, who completed the tenure of the late President Umaru Musa Yar’Adua, and then contested and won, spent one term, is no longer qualified to contest.
Falana who relied of the Nigerian constitution said: “It has been confirmed that former President Goodluck Jonathan has decided to join the All Progressive Congress for the purpose of contesting the 2023 presidential election. However, the former President is disqualified from contesting the election by virtue of 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 2 terms of 8 years. In other words, the Constitution will not allow anyone to be in office for more than a cumulative period of 8 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. The Supreme Court rejected the prayer on the ground that a Governor is entitled to spend a maximum period of 8 years or less and not more than 8 years.
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 5 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 9 years as President of Nigeria in utter breach of Section 137 of the Constitution which provides for a maximum two terms of 8 years”.