Following reports that former President Goodluck Jonathan was considering defecting from the Peoples Democratic Party (PDP) to the current All Progressives Congress (APC) and running for president in 2023, Femi Falana, a human rights lawyer and Senior Advocate of Nigeria, has stated that the former president is unable to run for president in 2023.
According to Channels TV, Falana stated this in a statement on Thursday, basing his position on Section 137 (3) of the Federal Republic of Nigeria’s 1999 Constitution (as amended).
“It has been verified that former President Goodluck Jonathan has opted to join the All Progressives Congress, APC, to run for president in 2023,” the statement stated.
“However, the former President is barred from contesting the election under Section 137 (3) of the Federal Republic of Nigeria’s 1999 Constitution, as amended, which states: ‘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 one term.’
“Some have claimed that the amendment isn’t retroactive, so it doesn’t apply to Dr. Jonathan. Assuming that the change is not retroactive, it is proposed that a President or Governor cannot serve more than two terms of eight years under the current Constitution. In other words, the Constitution forbids anyone from serving in office for more than a year.
In other words, the Constitution prohibits anyone from serving in office for more than eight years in a row.
It is undeniable that Dr. Jonathan became President of Nigeria in 2010 after President Umaru Yar’adua died suddenly. He then ran for and won the presidential election in 2011. Dr. Jonathan is ineligible to run in the 2023 presidential election after serving as President for five years.
“The reason is that if he wins the election, he will serve another four-year term.” It means he would serve as President of Nigeria for a total of 9 years, in violation of Section 137 of the Constitution, which allows for a maximum of two terms of 8 years.”
