2023 Presidency: Nigeria’s Constitution Disqualifies Jonathan from Contesting – Falana
POLITICS DIGEST- Foremost human rights lawyer, Femi Falana, says immediate-past Nigerian leader, Goodluck Jonathan, cannot run for president in 2023.
Although Jonathan is yet to declare his interest in the presidency, there have been speculations that he may defect to the All Progressives Congress (APC) to contest in the 2023 presidential election, Politics Digest learnt.
Several support groups have asked him to run for president.
Last Thursday, a youth group known as the Nigerian Young Professionals in Diaspora(NYPD) gave the former president a week’s ultimatum to declare his presidential bid.
According to the group, Jonathan would bring peace and stability to the country when he becomes president.
Commenting on the development, Falana said section 137(3) of the constitution disqualifies Jonathan from contesting for the office of the president.
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“However, the former President is disqualified from contesting the said election by 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.
“It is not in dispute that Dr. Jonathan became the President of Nigeria in 2010 following the sudden death of President Umoru Yaradua. 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.”
