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Jonathan’s Eligibility: Ozekhome Faults Falana

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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”

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LG Chairman-Elect Blames Insecurity On Parental Failure

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Chairman-elect of Southern Ijaw Local Government Area of Bayelsa State, Hon. Target Segibo has alleged that the prevalent security challenges in some communities of the local government area could be traceable to parental failure on one hand, and frivolous lifestyle of children and wards involved in crime and criminality in the area on the other hand.
Segibo, who was a pioneer member of the State House of Assembly between 1999-2003, stated this in Yenagoa, the state capital recently while fielding questions from newsmen shortly after receiving his Certificate of Return from the Bayelsa State Independent Electoral Commission (BYSIEC).
He indicated his continued desire to work for the peace and rapid socio-economic development of the local government, noting that having been actively involved in the politics of the area for decades now, he was more grounded in working on modalities towards ensuring enduring peace and unity in troubled communities of the area.
The Chairman-elect who also lauded the state governor, Senator Douye Diri, the state’s leadership of the Peoples Democratic Party (PDP) and the electorate for finding him worthy to be elected Chairman of the local government, called on parents/guardiance not to renege on their primary responsibilities of watching over their children and wards, arguing that as the largest local government area in the state, Southern Ijaw should also be noted for peace and development.
“For over 20 years, I’ve been living peacefully with all my neighbours, both at home in Oporoma, headquarters of Southern Ijaw LGA and here, in Yenagoa.
“I’ve grown up children, but I don’t give them more than what they needed as students to go to school and stay okay as a father because I discovered that most of the security challenges we’re facing today in the Southern Ijaw LGA, and other parts of the state, is traceable to parental failure and children’s wanting to lead a frivolous lifestyle”, he said.
“As parents/guardians we should be able to know the kind of friends our children/wards keep. We must not pamper them. We must tell them that they have to do something legal to earn a living. We must question any source of sudden wealth and affluence on the part of our children and wards.
“But I want to assure our people of Southern Ijaw that as their incoming Chairman, when I’m sworn-in, having been actively participating in the politics and other activities of the area, collectively we’ll work to ensure enduring peace, unity and development of the LGA”, he added.

By: Ariwera Ibibo-Howells, Yenagoa

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Bayelsa Assembly Grills, Confirms Diri’s Commissioner- Nominees 

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The Bayelsa State House of Assembly has screened and confirmed the first batch of Commissioner-nominees for Governor Diri’s second term State Executive Council.
The Tide gathered that the State Chief Executive in a bid to form his cabinet for his second tenure had earlier submitted a list of 14 names to the state legislature for confirmation as commissioners.
However, The Tide reports that only 13 out of the 14 nominees attended the constitutional exercise of the lawmakers.
Though no official reasons have been given, the immediate past Commissioner for Sports, who is also a former member of the state Assembly, Hon. Daniel Igali, was conspicuously absent during the screening exercise.
Inline with the House’s rules and Standing Orders, two other former members of the state Assembly who were also part of the nominees, Dr Gentle Emelah, immediate past Commissioner for Education, and Mrs Ebiwou Koku-Obiyai, were simply asked to take a bow and leave.
Following the exhaustive grilling, however, the immediate past Commissioner for Justice and Attorney-General, Mr Biriyai  Dambo, SAN, his Finance counterpart, Mr Maxwell Ebibai, were confirmed.
Also confirmed were the immediate past Works and Infrastructure Commissioner, Moses Teibowei, Mrs Koku Obiyai, Dr Gentle Emelah, Ayibakipreye Brodericks, George Ekpotuatein Flint and Komuko Akari Kharim.
Furthermore, Mr Perepuighe Biewari, Dr Jones Ebieri, Barr. Peter Afagha, Mrs Bidei Elizabeth and Michael Magbisa received the nod to be appointed commissioners by the state lawmakers.
In his advice to the nominees shortly after their screening, Deputy Speaker of the House, Rt. Hon. Michael Ogbere, enjoined the Commissioner hopefuls to work as a team with those they will meet on ground, admonishing that they remain loyal to the government at all times.
On his part,  Leader of the House, Hon. Monday-Bubou Obolo, said the people of the state expect a lot trom them and that the House will do its best to keep them on their toes through its oversight functions while giving them the needed legislative support where necessary.

By: Ariwera Ibibo-Howells, Yenagoa

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NEC Meeting: PDP’ll Wax Stronger – Farah Dagogo 

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A former lawmaker representing Degema/Bonny Federal Constituency in the House of Representatives, Hon. Farah Dagogo, has described the outcome of the 98th National Executive Committee (NEC) meeting of the Peoples Democratic Party (PDP) as another demonstration of the resilience of the party to weather any storm that comes its way.
This is contained in a statement released bythe Special Assistant, Media and Publicity to the estwhile federal legislator, Ibrahim Lawal, at the weekend.
In the build up to the NEC meeting,  suggestions and permutations had been rife of the likelihood of the PDP running into another round of crises as the party tries to navigate a path for the North Central Zone to produce a substantive National Chairman to complete the truncated tenure of former Chairman, Dr. Iyiorchia Ayu.
Speaking on the sidelines of the NEC meeting that saw Umar Damagum retain his position as the party’s Acting National Chairman until the next NEC meeting scheduled for August, Dr Dagogo said those who genuinely have the best interest of the party at heart made timely sacrifices to keep the party firm and afloat.
The former member of the National Assembly said but for the political maturity and sagacity employed by the party’s National Leader and former Vice President, Alhaji Atiku Abubakar, alongside other leaders, before and during the NEC meeting, the party would have ‘played into the hands of some individuals, who wanted the party to implode in order to improve their political fortunes’.
He expressed optimism that by the adjourned date of August, Damagum would have seen that  “it is in the best interest of the party for him to vacate the position for a more purposeful and result oriented leadership’’.
“ For me, the outcome of the NEC meeting was a win-win situation. Against all odds, the party came out unscathed and will continue to wax stronger.
“Yes, the Acting Chairman retained his position, but it is obvious to him now and others that it would be in the best interest of the party for him to vacate that position for a more purposeful and result oriented leadership by August.
“The so called tension generated in the build up to the NEC Meeting was actually orchestrated by the inordinate desire of some few individuals who wanted to thwart the sterling call by party faithful for a review of its failing leadership and directionless.
“ The Party however did not play into the hands of those individuals, who wanted the party to implode in order to improve their political fortunes. Thanks in good measure to the political maturity and sagacity employed by the Party’s National Leader and Former Vice President, Alhaji Atiku Abubakar, alongside other leaders, before and during the NEC Meeting. We are where we are now because of their sacrifices and dedication to the party, “ he added.

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