Politics
Jonathan’s Eligibility: Ozekhome Faults Falana
As pressure continues to mount on former President Goodluck Jonathan to contest the 2023 presidential election, two renowned lawyers in the country have sharply disagreed on his eligibility to run for the Presidency.
While human rights lawyer, Femi Falana (SAN) is of the opinion that Jonathan is legally hamstrung to contest for the highest position in the country, his colleague of other inner bar and an activist lawyer, Chief Mike Ozekhome (SAN), argued otherwise, insisting that the former President is eligible to return to Aso Rock.
Falana, in his submission on the subject matter argued that former President Goodluck Jonathan cannot contest in the 2023 presidential election.
While citing constitutional provisions barring the ex-President from seeking re-election, Falana 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.
He recalled that Mr Jonathan became the President of Nigeria in 2010 following the sudden death of President Umaru Yar’Adua, and later contested and won the 2011 presidential election.
Mr Jonathan spent five years in office as President which would make it nine years in office if he contests and wins again, Mr Falana said.
“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 four 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 of two terms of eight years,” Mr Falana said.
He further stated that by virtue of Section 137 (3) of the Nigerian Constitution, Mr Jonathan cannot seek a re-election to the office of the President having completed the tenure of the late President Yar’Adua and sworn in again for a full four-year term in 2011 upon winning the presidential election in his own name.
Section 137 (3) of the Constitution in reference reads: “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.”
But faulting this line of argument, Ozekhome said: “The truth of the matter is that the antagonists of Jonathan running in 2023, in their strange line of argument, are mainly relying on the above Section 137(3). They have probably not addressed their minds to Sections 141 of the Electoral Act, 2010, as amended, and Section 285(13) of the same Fourth Alteration to the 1999 Constitution, as amended, which they are relying on. More revealing is that these antagonists are probably not aware of an extant and subsisting Court of Appeal decision where Jonathan was frontally confronted and challenged before the 2015 presidential election, on the same ground of being ineligible to contest the said 2015 election, having allegedly been elected for two previous terms of office. The Section 137(3) being relied upon by the antagonists was signed into law in 2018, three years after Jonathan had left office. Can he be caught in its web retrospectively?
The case in question is CYriacus Njoku V Goodluck Ebele Jonathan (2015) Lpelr-244496 (CA). In that case, the Court of Appeal, Abuja Division, held that President Goodluck Jonathan had only taken the oath of office once and therefore upheld his eligibility to contest the then Nigeria’s presidential election slated for March 28, 2015.
The intermediate court held that the oath of office President Jonathan took in 2010 was merely to complete the “unexpired tenure” of late President Umar Yar’Adua, who died while in office as President.
The appeal had been brought before the court by one Cyriacus Njoku, who was challenging the ruling of the High Court of Federal Capital Territory, Abuja, which on March 1, 2013, had dismissed the suit he filed to stop President Jonathan from contesting the 2015 polls.
In a lead judgement delivered by Justice Abubakar Yahaya, the full panel of the court unanimously held that President Jonathan had only spent one term in office as President, going by the provisions of the 1999 Constitution.
President Jonathan had been empowered as acting President on February 9, 2010, following a motion for operation of the “doctrine of necessity” by the Senate, owing to the protracted stay of late President Umaru Yar’Adua in Saudi Arabia on medical grounds.
When President Yar’Adua eventually died on May 5, 2010, Jonathan was sworn in as president to serve the unexpired residue of office of Yar’Adua. Jonathan was later elected President in 2011 for the first time, on his own merit.
However, the court ruled that the oath that Jonathan took in 2010 was merely to complete the unexpired tenure of late Yar’Adua; adding that by virtue of Section 135 (2)(b) of the 1999 Constitution, Jonathan only took his first oath in May, 2011. The Court of Appeal further held that disqualification is through election, not oath taking.
is therefore clear that section 137(3) of the Fourth Alteration to the Constitution took effect from 11th June, 2018, when President Muhammadu Buhari assented to it. Section 137(3) is subject to section 318(4) of the 1999 Constitution which provides that, “the Interpretation Act shall apply for the purposes of interpreting (its) provisions”.
Section 137(3) is one piece of legislation that can be termed retrospective or retroactive legislation.
On retrospectivity of legislation, the apex court, coram Justice Kekere-Ekun, J.S.C, held in the case of SPDC V. ANARO & ORS (2015) LPELR-24750(SC) at (Pp. 64 paras. B), thus:
“There is a general presumption against retrospective legislation. It is presumed that the legislature does not intend injustice or absurdity. Courts therefore lean against giving certain statutes retrospective operation. Generally, statutes are construed as operating only in cases or on facts, which come into existence after the statutes were passed unless a retrospective effect is clearly intended. It was held inter alia, in: Ojokolobo Vs Alamu (1987) 3 NWLR (Pt.61) 377 @ 402 F-H that it is a fundamental rule of Nigerian law that no statute shall be construed to have a retrospective operation unless such a construction appears very clearly in the terms of the Act or Law; or arises by necessary and distinct implication. See also: Udoh Vs O.H.M.B. (1993) 7 NWLR (Pt.304) 39 @ 149 F – G; Adegbenro Vs Akintola (1963) All NLR 305 @ 308”
The presidential candidate of the Labour Party (LP) in the 2023 election, Mr Peter Obi, on Tuesday lamented that Nigerians have been turned into refugees in their own country.
Mr Obi made the remarks during the presentation of the book titled “Obi, The Political Change Agent” in Abuja.
He said that Nigerians must rise and change the current political system, adding that the current structure does not care about the people.
The former Anambra State governor highlighted the sufferings faced by Nigerians, as he listed issues troubling the country to include insecurity, poverty, theft, and lack of accountability by public officials, among others.
He urged collective efforts to dismantle the proceeds of ill-gotten wealth, insisting that “any country where those in government are richer than business people is an unproductive country. A very simple definition of production is value.”
He said the current system is totally unproductive, adding that the country has raised “Nigerian masters” who have destroyed rail lines and other infrastructures built by the colonial masters.
Mr Obi further explained that to rebuild the country, Nigerians must make sacrifices, as he disclosed that the Obidient Movement would look for genuine people who are willing to fix the country at all levels.
His remarks may not be unconnected to the activities of some federal lawmakers originally elected on the platform of the LP and have been criticised for allegedly abandoning their core opposition functions.
Meanwhile, the 2023 LP flag- bearer, while calling for transparency in the upcoming 2027 poll, cautioned against attempts to truncate the process.
He stressed, “We will make the election count. And those who don’t want it to count, we’ll count them.”
Speaking earlier in a welcome remark, National Coordinator of the Obidient Movement, Dr Tanko Yunusa, stated that the momentum for the 2027 election had grown from a quest to change the old order of the negative Nigerian landscape to one of the biggest social/ideological movements in Africa and the world.
Dr Yunusa disclosed that the Obedient Movement is not a political organisation or an election regularisation scheme, but simply a movement that focuses on rejigging governance by pointing its direction to the people, and espousing the dividends of democracy for the people.
“Our beloved nation, Nigeria, stands at crossroads. The old ways have failed us, and the status quo is no longer tenable, yet, amidst the challenges, we find opportunities for growth, innovation, and progress.
“The Obidient Movement, led by our champion of change, Mr Peter Obi, embodies this spirit of transformation.
“The Obidient Movement is more than just a political phenomenon; it represents a shift in the narrative, a call to action, and a demand for a better future. It is a testament to the power of collective action, the resilience of the human spirit, and the unwavering desire for a brighter tomorrow.
“As we embark on this intellectual journey, we will explore the themes of resilience and the unyielding desire for a better Nigeria.
“We shall examine the role of leadership, the power of collective action, and the imperative of embracing a new vision for our nation’s future.
“We will discuss the challenges we faced, the opportunities we have, and the strategies we must employ to build a Nigeria that is just, equitable, and prosperous for all”, Dr Yunusa said.
The National Coordinator insisted that the inevitability of a new Nigeria is not just a dream but a necessity.
“We owe it to ourselves, our children, and future generations to ensure that our nation is a place where everyone can thrive, where everyone can live with dignity, and where everyone can reach their full potential.
“As we celebrate our principal, Mr. Peter Obi, it is pertinent that we bear in mind that this auspicious gathering today is far more than just the presentation of a book”, he added.
He said that the Movement could boast of 28 states with 7 outstanding states soon to be announced, with 540 LGAs out of 774, with 234 to be completed.
In her remarks, the Acting National Chairman of the LP, Senator Nenadi Usman, highlighted that in every generation, there arises a voice that does not merely echo the frustrations of the people but dares to chart a new path for them.
“Mr. Peter Obi, whose life and political saga we unveil today, has become such a voice. This book, meticulously authored and boldly titled tells a story far beyond politics. It is the story of accountability against impunity, simplicity against flamboyance, principle against expediency, and prudence against financial recklessness”, she said.
The factional chairman of the All Progressives Congress (APC) in Rivers State, Chief Tony Okocha, has warned that unless the suspended Governor of the State, Sir Siminalayi Fubara, seeks genuine reconciliation, not even his defection to the APC will save him from impeachment.
Chief Okocha, who spoke at a media briefing at the national secretariat of the APC, Abuja, on Tuesday, warned again that not even the lifting of the emergency rule will stop the impeachment of the Governor, wondering why he had been lobbying for his reinstatement.
He also took a swipe at the former Governor of the State and ex-Minister of Transportation, Mr Rotimi Amaechi, describing him as a partyless politician since he is no longer a member of the APC.
Asked if suspended GovernorFubara joining the APC will make his sins to be forgiven, Chief Okocha thundered, “Fubara’s suspension and the declaration of a state of emergency in Rivers State had no business whatsoever with politics. It was about his misdemeanour, and I said to you that he said that the President saved his job by declaring the state of emergency.
“Don’t forget that the Supreme Court in its judgment had said that there was no government in Rivers State. So, if there was no government in the State, something must be done, and that which happened was the declaration of the state of emergency…
“If Fubara decides to join the APC, it has nothing to do with the state of emergency in Rivers State. His sins cannot be forgiven because he came to our party. It is not true”.
He has not spoken to me. He will enter the party through the door, not the window. Not only him, there are procedures for defection to another party, and if he claims to be a politician, he will know that all politics is local; he will try and defect in his ward”.
Former Minister of Youths and Sports Development, Mr Solomon Dalung, has described politicians moving from opposition parties into the ruling All Progressives Party (APC) as sinners seeking forgiveness.
Mr Dalung, who spoke in Abuja disagreed with the postulation that politicians were trooping into the APC because the ruling party has performed well, “rather they are sinners, who are seeking forgiveness for their numerous sins.”
Mr Dalung said the defectors were only fulfilling what a former Governor of Edo State, Adams Oshiomhole, said regarding corrupt politicians, that no matter the gravity of their sins, they would be forgiven as soon as they joined the APC.
Senator Oshiomhole has severally denied this quote attributed to him but politicians have continued to use it.
He said, “These are people who have committed heinous crimes against the Nigerian people and they are jumping into the APC ship for the forgiveness of their sins. Not that they believe in Tinubu, no; they do not. They are only assembling so that their sins will be forgiven.
“So it is a conclave of political cardinals who have committed grave sins against the Nigerian people and a political party has offered them the opportunity of forgiveness on entrance”.
The former Minister also warned that if care is not taken, the defectors would create problems in the ruling party in the future.
He said, “You know there is an adage in Hausa that if animals celebrate the death of a butcher, has the knife also died? If beneficiaries of the mandate of the people are defecting, have the people also defected?
“So there is no value added to Tinubu except that he has compounded the situation in his party and there will be an implosion.”
He also dismissed concern in certain quarters that the entrance of politicians like the former Kaduna State Governor, Nasir El-Rufai into the Social Democratic Party (SDP) could be a potential threat to the presidential ambition of Prince Adewole Adebayo, the party’s 2023 presidential candidate, adding that “Adebayo’s political charisma, image and personality within the Nigerian political environment has presented him as an obvious force to deal with in 2027.”
He emphasized that Prince Adebayo is the only presidential candidate who has consistently maintained a media campaign against the failed and unpopular policies of the current government.
“So, Nigerians are very conversant with Adebayo’s voice, charisma and leadership qualities. So, whether you mobilize the whole politicians into the SDP, you must resolve the question of Adebayo in the SDP as a presidential candidate before any other person.
“This is because nobody has promoted the SDP in Nigeria like Adebayo. After Chief MKO Abiola, you rank Adebayo in the contemporary SDP as the highest. So, the concern as some people are expressing is normal. Human beings entertain such fears but the reality is that the name SDP since 2023 has been sustained unilaterally by the doggedness, commitment, dedication and selflessness of Prince Adebayo.
“So, he is a force to beat in whatever political arrangement that the SDP will put on ground to produce a presidential candidate. He is a patriot who did not join politics for himself; he has surrendered the rest of his life to the service of humanity and he did that at his 50th birthday.”