Following recent speculations that former President Goodluck Jonathan was considering defecting from the Peoples Democratic Party (PDP) to the ruling All Progressives Congress (APC) to join the 2023 presidential election. a human rights lawyer and Senior Advocate of Nigeria (SAN), Femi Falana, has shared his opinion on why he believes that the former president cannot run for the 2023 presidential race.
Africa Today News, New York reports that Falana had in a statement which was made public on Thursday, gave his legal opinion as to the issues which would make the ambition of the former President legally unrealisable. He based his stance on Section 137 (3) of the Constitution of the Federal Republic of Nigeria, 1999 (as amended).
The statement read, ‘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 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.
Read Also: 2023: Amaechi Visits Tinubu’s Lagos Political Base To Seek Support
He went on to add 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 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 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.’
Jonathan had fuelled the speculations last week after he refused to rule out the possibility of joining the 2023 race while speaking to a group of youths who called on him to join the race.
AFRICA TODAY NEWS, NEW YORK