Falana reveals legal hurdles against Jonathan’s fresh presidential bid
Femi Falana, a senior advocate, has stated the legal hurdles before former president Goodluck Jonathan’s fresh bid for the presidency in 2023.
Jonathan had told a crowd of supporters who besieged his residence in Abuja that he was still consulting on whether to join the presidential race. He rather urged them to “watch out”.
In his statement on Thursday, Falana said Jonathan however faces a constitutional challenge, having previously been inaugurated twice as president.
“It has been confirmed that former President Goodluck Jonathan has decided to join the APC for the purpose of contesting the 2023 presidential election.
“However, the former President is disqualified from contesting the election by virtue of 137 (3) of the Constitution of the Federal Republic of Nigeria, 1999.
“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 terms of eight years.
“In other words, the constitution will not allow anyone to be in office for more than a cumulative period of eight years. In Marwa v. Nyako (2012) 6 NWLR (Pt.1296) 199 at 387 the Supreme Court stated that Section 180 (1) and (2)(a) of the 1999 Constitution of the Federal Republic of Nigeria has prescribed a single term of four years and if a second term, another period of four years and not a day longer.”
Falana also said that, in the case of Governor Rasheed Ladoja v INEC, the Supreme Court rejected the prayer of Ladoja for 11 months’ extension to cover the period he was kept out of office through an illegal impeachment.
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The Supreme Court, Falana explained, rejected the prayer on the grounds that a governor was entitled to spend a maximum period of eight years or less and not more than eight years.
Jonathan was elevated to a president after the demise of former president Umaru Yar’Adua, whom he served as vice president.
He was also on the ballot for the 2015 presidential election, losing to incumbent President Muhammadu Buhari.
