Ahead of the preparation of former President Goodluck Jonathan to join the 2023 presidential race, Femi Falana, says the former president cannot run for office again.
The senior advocate of Nigeria (SAN) said the 1999 constitution (as amended) of the Federal Republic of Nigeria doesn’t allow Mr Jonathan to contest again.
Although it is not clear yet if the former president will join the race.
There have been speculations from some quarters that he may defect to the All Progressives Congress (APC) to contest the 2023 presidential election.
Last week, amongst other groups, a youth group known as the Nigerian Young Professionals in Diaspora (NYPD) gave a seven-day ultimatum to Dr Goodluck Jonathan to declare his presidential bid.
The group had said Jonathan would bring peace and stability to the country when he becomes president.
Last Friday, Jonathan in response to his followers and groups asking him to contest, said he was still consulting as the ‘political process was ongoing’. He asked them to watch out.
Femi Falana speaking on the position of the Constitution said section 137(3) of the constitution disqualifies Jonathan from contesting for the office of the president.
“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 said.
“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.”