Israel Umoh
Former Nigeria’s President Goodluck Jonathan is rumoured to be nursing the ambition of contesting the 2023 presidential election to return to Aso Rock for another term, Straightnews has learned.
Jonathan then Vice President succeeded the late President Umaru Musa Yar’Adua in 2010, contested and won the presidential election in 2011 but he was voted out of office in 2015 when he sought re-election.
Though Jonathan, a veritable member of the opposition Peoples Democratic Party (PDP) has not cleared air on the rumour, political analysts are of the view that he has to defect to All Progressives Congress, the ruling party that gave President Muhammadu Buhari the mandate to lead more than 100 million Nigerian for two terms.
Some political pundits opine that the ploy is to deny the Southern Nigeria the opportunity of occupying the office for eight years as some powerful Northern oligarchs may not allow Jonathan to go for another four years (if he wins the first term), thus the North taking over the reins of governance for another eight years.
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Jonathan in Horse trading deal
Buhari met with former President Goodluck Jonathan at the Presidential Villa, Abuja, on Thursday, December 30 last year.
Jonathan who arrived at the Villa about 03:00 pm was received by the President into a closed-door meeting.
Although the details of the meeting remain undisclosed, it is likely connected to his work as Special Envoy of the Economic Community of West African States where he is leading mediation talks even as Mali remains under military rule following the August 2020 coup that ousted President Ibrahim Keita.
On Monday, December 27, Mali’s military-dominated government launched a four-day national forum on returning the country to civilian rule.
The forum, according to Mali’s transitional president, Colonel Assimi Goita, “will make an unflinching assessment of the state of the nation and draw the best lessons from it”.
The meeting with Buhari might have gingered Jonathan to have held a meeting with South South leaders coordinating to actualise his alleged return to the Presidency in 2023.
It was gathered that the meeting was held on December 27, 2021, at Aridolf Hotels and Spars in Yenagoa, Bayelsa State.
Some newspapers had reported last year that some Northern APC governors were plotting Jonathan’s return to the Presidency to assuage the South and to enable the North to return to power after four years.
The source said the governors of two Northwest states are championing the plot. He added that the scheme was part of the reasons a minister from the South South spoke recently against the then administration of Jonathan.
He said: “The coordinators of the group plotting for Jonathan to return to Aso Rock in 2023 met recently with Jonathan at his wife’s Aridolf Hotels and Spars.
“The chairman of the group, Chief Dikivie Ikiogha, and other Southsouth coordinators were present at the meeting. Jonathan indicated an interest in their campaign and asked them to return to their different states to continue with their campaign.
“This plot has been kept active by two governors from the Northwest, who are plotting for a strong APC Northern governor to become Jonathan’s running mate.
“There is also a plan to reconcile Jonathan with the South South minister.”
Constitutional Provision on re-election of sworn-in President, Deputy Governor
There was no constitutional provision to challenge former president Goodluck Jonathan’s reelection bid. When he lost in 2015, the National Assembly thought it wise to address the issue to avoid future controversy.
In order to achieve that, the Senate sponsored a bill to amend the Constitution. The bill was passed by the Senate on July 26, 2017 and the House of Representative gave its concurrence on October 3, 2017. President Muhammadu Buhari assented to it on June 11, 2018. The Act is called the Constitution of the Federal Republic of Nigeria, 1999 (fourth alteration, No. 16) Act, 2017.
The act altered section 137 of the Constitution by inserting after subsection (2), a new subsection (3). The new section 137(3) of the 1999 constitution, provides as follows:
(3) a person who was sworn-in as president 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.
Similarly, section 182 of the Constitution was also altered by inserting after subsection (2), a new subsection (3). The new section 182(3) provides thus:
(3) a person who was sworn-in as governor to complete the term for which another person was elected as governor shall not be elected to such office for more than a single term.
From the above provisions of the constitution, it is evident that a person who was sworn in as president or governor to complete the tenure of another, can only occupy that office for a single term and no more.
Even if such a person is sworn in for a month, a week or even a day, such a person is only eligible for re-election for a single term. However, the same cannot be said of the position of the Vice President or the Deputy Governor as there is no provision in this respect as regards them.
Based on the fourth alteration (no. 16) to the Constitution, former President Jonathan cannot contest for the position of president of Nigeria come 2023 or any other election year except this provision is amended.
You cannot amend an extant law to favour a person- Barr. Ibekwe
Ufok Ibekwe, an Abuja-based lawyer said no one has power not even the National Assembly can amend an extant law to favour a particular person, which has been gazetted.
Speaking with Straightnews, Ibekwe said the law that was enacted is an extant one- for the public good not to favour a particular person.
”The former President is disqualified by law and barred for life from contesting again as president of Nigeria. The truth is that, the people peddling rumours of Jonathan’s plans to defect to APC to contest the 2023 presidential election are simply naïve and ignorant of what the law that bars him from contesting says.
The law in question is: “The Constitution of the Federal Republic of Nigeria (4th Alteration No 16) Act, 2017).” This new constitutional amendment which is now in force may have been contemplated following the rancour occasioned by the same Jonathan contesting the 2015 Presidential Election as many Nigerians saw it as a third term bid.
”This constitutional amendment assented to by President Muhammadu
Buhari is now an extant law in Nigeria does not permit former President Jonathan to contest in 2023 unless repealed.
”The extant section barring Jonathan states in its explanatory note as follows…” The act alters the Constitution of the Federal Republic of Nigeria, 1999 to disqualify a person who was sworn in as President or Governor to complete the term of an elected President or Governor from being elected to the same office for more than a single term.”
”This particular variant of the fourth alteration disqualifies a person who was sworn-in as president or governor to complete the term of an elected president or governor from being elected to the same office for more than a single term by inserting after subsection 2 of Sections 137 and 182 of the Principal Act anew subsection (3) to this effect.
”My people unless and until the above law is repealed or amended by the two chambers of the National Assembly, former President Goodluck Jonathan remains disqualified from contesting the 2023 elections for the office of the President.’’
As the drama unfolds, Jonathan’s decision in throwing his hat into the political ring for another term may cause astir among the public, politicians and lawyers.
