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Why GEJ Re-election Is Unconstitutional - Politics - Nairaland

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Why GEJ Re-election Is Unconstitutional by Femmyfamous4u(m): 6:15pm On Sep 17, 2013
Although GEJ has the rights to contest elections as an individual but his rights are within the purview of the provisions in the constitution. The conditions that may be against GEJ's re-election are listed below( although this is Nigeria where impunity is at the highest level and due-process is not followe)

- an elected person upon taken the oath of office shall be in office for a period of 4years.
- any elected official cannot take the oath of office more than twice.

Going by the foregoings, if GEJ contests election comes 2015 and probably won, he will take the oath of office the 3rd time.( Having taken same in 2009 when Yar'adua died and he was sworn in, in 2011 when he resumed office and in 2015 if he wins)

Moreso, by 2019, at the expiration of his tenure(that is if he becomes president in 2015 anyway) he would have spent 10 years in office which is against 8 years in the constitutional.

I guess based on the noted points above is the reason OBJ won't support his ree-election becaused OBJ himself could'nt secure a 3rd time ticket even with billions used to bribe people.

Nigerians what do you think? Should we say because "he's our own and undermine the constitution or speak up for the obvious truth?" The choice is ours with our votes.

2 Likes

Re: Why GEJ Re-election Is Unconstitutional by ProfessorPeter(m): 9:12pm On Sep 17, 2013
Femmyfamous4u: Although GEJ has the rights to contest elections as an individual but his rights are within the purview of the provisions in the constitution. The conditions that may be against GEJ's re-election are listed below( although this is Nigeria where impunity is at the highest level and due-process is not followe)

- an elected person upon taken the oath of office shall be in office for a period of 4years.
- any elected official cannot take the oath of office more than twice.

Going by the foregoings, if GEJ contests election comes 2015 and probably won, he will take the oath of office the 3rd time.( Having taken same in 2009 when Yar'adua died and he was sworn in, in 2011 when he resumed office and in 2015 if he wins)

Moreso, by 2019, at the expiration of his tenure(that is if he becomes president in 2015 anyway) he would have spent 10 years in office which is against 8 years in the constitutional.

I guess based on the noted points above is the reason OBJ won't support his ree-election becaused OBJ himself could'nt secure a 3rd time ticket even with billions used to bribe people.

Nigerians what do you think? Should we say because "he's our own and undermine the constitution or speak up for the obvious truth?" The choice is ours with our votes.
are you a constitutional lawyer? Or the supreme court?
Re: Why GEJ Re-election Is Unconstitutional by Horus(m): 9:33pm On Sep 17, 2013
Interresting!
Re: Why GEJ Re-election Is Unconstitutional by HAH: 11:01pm On Sep 17, 2013
Honestly am surprised that non of Gej opposition bring this valid reason to stop him from contesting. The fact is that GEJ is on his second term as president, furthermore if he is allowed to contest and if he win that means he will be president for 9 years which is grossly a violation of our constitution.

If our justice system is just Gej should not be allowed to contest, some will bring the aguement that he just finished yaradua tenuren the answer is no the moment he was sworn in he has started his tenure and first term and that is the consequence of being vice president.

2 Likes

Re: Why GEJ Re-election Is Unconstitutional by gerald09(m): 11:17pm On Sep 17, 2013
Like Seriously!! Dude I didn't VOTE GEJ into office in 2009 and I don't fink any1 did in Nigeria. So wats ur point again? *rhetorical* go back n read dat constitution again and den come back and correct urself.
Re: Why GEJ Re-election Is Unconstitutional by HAH: 11:29pm On Sep 17, 2013
gerald09: Like Seriously!! Dude I didn't VOTE GEJ into office in 2009 and I don't fink any1 did in Nigeria. So wats ur point again? *rhetorical* go back n read dat constitution again and den come back and correct urself.

GEJ was on a joined ticket with Yaradua. The constitution envisaged that that is why you must pick a running mate before election. So the election of yaradua is the election of Gej in 2007

And that is why the impeachment process of the vice president is the same with the president
Re: Why GEJ Re-election Is Unconstitutional by Dpeacemaker101: 12:56am On Sep 18, 2013
You guys have interpreted your own version of the constitution, for me he is allowed to contest and he will. If you think am wrong, then you have to take the case to supreme court.
Re: Why GEJ Re-election Is Unconstitutional by HAH: 6:51am On Sep 18, 2013
Dpeacemaker101: You guys have interpreted your own version of the constitution, for me he is allowed to contest and he will. If you think am wrong, then you have to take the case to supreme court.

Ok, let hear your own version of the constitution interpretation that allows a person to be president for 9 years and sworn in 3 times

2 Likes

Re: Why GEJ Re-election Is Unconstitutional by ThankGodEdeh(m): 9:01am On Sep 18, 2013
Mr. OP, We have heard you and we are waiting for you seek redress in a competent court of law.

1 Like

Re: Why GEJ Re-election Is Unconstitutional by HAH: 9:15am On Sep 18, 2013
ThankGod Edeh: Mr. OP, We have heard you and we are waiting for you seek redress in a competent court of law.

If we are in a sane and not morally bankrupt society, there is no need of going to court because it is very explicit that he has been sworn in twice before now, and if sworn in 3rd time he will be president for 9 years

1 Like

Re: Why GEJ Re-election Is Unconstitutional by karlmax2: 9:24am On Sep 18, 2013
HAH: Honestly am surprised that non of Gej opposition bring this valid reason to stop him from contesting. The fact is that GEJ is on his second term as president, furthermore if he is allowed to contest and if he win that means he will be president for 9 years which is grossly a violation of our constitution.

If our justice system is just Gej should not be allowed to contest, some will bring the aguement that he just finished yaradua tenuren the answer is no the moment he was sworn in he has started his tenure and first term and that is the consequence of being vice president.

Fake lawyer read


Court clears Jonathan to contest presidency in 2015


on March 02, 2013 at 12:50 am in Headlines
By IKECHUKWU NNOCHIRI, Abuja

[b]The coast  may now have been finally cleared for President Goodluck Jonathan to seek re-election, as an Abuja High Court, yesterday, maintained that going by the express provision of Section 137(1) (b) of the 1999 Constitution, as amended, he is eligible to contest for presidency in 2015.
His party, the Peoples Democratic Party, PDP, had earlier indicated that it would sponsor Jonathan in 2015, if he so desired.  In a judgment yesterday, the court presided by Justice Mudashiru Oniyangi, held that President Jonathan is currently on his first term of four years, stressing that “if he so wishes, he can seek from his political party or any other party, the sponsorship to contest in the 2015 presidential election.”

Nigerian President Goodluck Jonathan (L) and his Ivorian counterpart Alassane Ouattara wave to the crowd on March 1, 2013 during a visit to Yamoussoukro. Goodluck Jonathan is on a two-day official visit to Ivory Coast. AFP PHOTO
The court further held that in the eyes of the law, Jonathan’s tenure commenced on May 29, 2011, saying he only assumed the presidential seat in 2010 following the demise of his boss, late President Umaru Musa Yar’Adua who it said duly contested and won the 2007 presidential election.
In its interpretation of Section 137 of the constitution, the court, insisted that the germane issues for determination were “whether the death of Yar’Adua and swearing-in of Jonathan to complete the tenure, remains four-year tenure? Did the firstt defendant (Jonathan) contest presidency the first time in 2001? Was he ever declared and sworn-in as president in 2007? Was he the presidential candidate of the PDP in 2007?”
Justice Oniyangi further maintained that “the distinguishing factor is that after the election of Yar’Adua, there was no election or bye-election upon which Jonathan became president. He was merely asked to assume the position. I will like to borrow the word that was used by the legislature then, doctrine of necessity.[/b]r
“He was not elected into the position but was asked to assume the position. Having exhausted that tenure, he sought and obtained the ticket of the party to contest for presidency in 2011.
“Consequently, it is my considered view that the first  defendant is on his first tenure of four years. It therefore follows that if he so wishes, he can seek from his party to contest for presidential election in 2015.  Let me put it on record in order to guide against any mischief; this court is not saying that he is the automatic candidate of the PDP or any party, but that he could seek for the sponsorship of his political party or any other party of his choice to vie for the position.
“He is running his first tenure and can aspire to seek for nomination like any other Nigerian to contest in 2015. I do not see how such right can affect the plaintiff in anyway. When that time comes the plaintiff can also seek alongside other aspirants to vie for presidency subject to nomination by his party,” he added.
The court equally held that Section 137, applies only when someone is elected and not when such person assumes the office like in the instant case. “In the case of Jonathan, the section applies to when he was elected as president, by implication, when he took oath of office on May 29, 2011.
“I therefore hold that the tenure of office of the first  defendant did not begin on May 6, 2010 but May 29, 2011.  The constitution was clear that no person shall take oath of allegiance and oath of office prescribed in the seventh schedule of the constitution more than twice except on special circumstance as witnessed in the demise of Yar’Adua. Thus, the order of injunction against the first defendant contesting in 2015 is refused.
’’ Application for an order restraining the second defendant, PDP, from sponsoring him is refused and dismissed. Likewise, application for an order directing the Indipendent National Electoral Commission,  INEC not to accept Jonathan if sponsored by the second defendant in 2015 is also dismissed and refused.  The plaintiff is to pay a token of N20,000, to each of the defendants,” Oniyangi ruled.
Earlier, the court had while upholding preliminary objections filed against the suit by both  Jonathan and the PDP, held that the plaintiff who is also a chieftain of the party, Mr Cyriacus Njoku, lacked the locus-standi to institute the action, noting that the matter was pre-mature considering that Jonathan was yet to declare his intention to run for the election in 2015.
The court held that in-line with provision of Section 87 of the Electoral Act, a political party has the exclusive powers to nominate or pick candidates to sponsor in any given election, adding that such issue was a domestic affair of political parties which no court had the powers to determine.
“The mere fact that the plaintiff is nursing the ambition to be a candidate of the party does not confer right on him to seek to stop another candidate also nursing a similar ambition. It is crystal clear that the plaintiff’s suit did not disclose any cause of action; it is only an expression of interest to contest which is still at its embryo stage. At least, it is still within the realm of speculation and no court pays heed to speculation. All the grounds of objection by the defendants succeed and are sustained. The plaintiff lacks locus standi and the suit is accordingly struck out.”
Specifically, the plaintiff who is a registered member of the PDP in Zuba Ward, Abuja, in his suit, urged the court  among other things, to  determine “whether Section 135(2) of the 1999 Constitution, which specifies a period of four years in office for the president, is only available or applicable to a person elected on the basis of an actual election or includes one in which a person assumes the position of President by operation of law, as in the case of Dr. Goodluck Jonathan.”
Arguing that Jonathan was constitutionally barred from contesting the presidency in 2015, Njoku, also asked the court to determine “whether Section 137(1) (b) of the Constitution, which provides that a person shall not be qualified for election to the office of President, if he has been elected to such office at any two previous elections, applies to the first defendant, who first took an oath of office as substantive President on May 6, 2010 and took a second oath as President on May 29, 2011.”
He also sought a declaration that ‘’the President’s tenure of office began on May 6, 2010 when his first term began and his two terms shall end on May 29, 2015 having taken his second oath of office on May 29, 2011; and by virtue of Section 136 (1) (b) of the Constitution, that no person (including the first defendant) shall take the oath of allegiance and the oath of office prescribed to in the Seventh Schedule to this Constitution more than twice.’’
He then prayed the court for an order of injunction restraining President Jonathan from further contesting or attempting to vie for President after May 29, 2015 when his tenure shall by the Nigerian Constitution end.
Furthermore, the plaintiff asked the court to issue an order of injunction restraining the PDP from further sponsoring or attempting to sponsor Jonathan as candidate for election to the office of the President in 2015, as well as make an order directing the INEC, to refrain from accepting the name of the 1stdefendant, Jonathan, should the party decide to sponsor him in the next presidential election.
However, both President Jonathan and the PDP, in separate preliminary objections they filed, described the siut as “frivolous and highly vexatious,” saying it ought to be dismissed in its entirety as grossly lacking in merit.
They argued that the plaintiff failed to disclose any reasonable cause of action that precipitated the suit, insisting that Jonathan is currently doing his first term of four years in office as the President of Nigeria as provided by the 1999 Constitution, as amended.
“President Jonathan’s status and position is formidably backed by the 1999 Constitution. The constitution of Nigeria only makes provisions for a president to contest for not more than two terms of four years each.
The constitution recognizes the President’s tenure of office to be four years,” the PDP stated.
It further maintained that Jonathan had not indicated or announced anywhere whether in words or in writing that he would contest the presidential election in 2015, adding that the plaintiff lacked the locus-standi to seek for such declarative orders against Jonathan.
Similarly, Jonathan, through his consortium of lawyers led by Chief Ade Okeaya-Inneh, SAN, maintained that the 1999 Constitution, as amended, permits him to contest for not more than two terms of four years each.
In a 15-paragraph counter affidavit deposed on his behalf by a lawyer, Mr Osahon Okeaya-Inneh, Jonathan said he was yet to indicate or announce anywhere that he would contest for presidency in 2015, just as he dismissed the suit as an academic exercise.
In the counter affidavit against the suit, the Counsel to Jonathan averred: “I am a counsel in the law firm of Ade Okeaya-Inneh and Co. Counsel to the first defendant in this suit, by virtue of which I am conversant with the facts of this case
“I have the consent and authority of the 1stdefendant respondent to depose to this affidavit. When my law firm was briefed by the first defendant to  The constitution recognizes the President’s tenure of office to be four years,” the PDP stated.
It further maintained that Jonathan had not indicated or announced anywhere whether in words or in writing that he would contest the presidential election in 2015, adding that the plaintiff lacked the locus-standi to seek for such declarative orders against Jonathan.
Similarly, Jonathan, through his consortium of lawyers led by Chief Ade Okeaya-Inneh, SAN, maintained that the 1999 Constitution, as amended, permits him to contest for not more than two terms of four years each.
In a 15-paragraph counter affidavit deposed on his behalf by a lawyer, Mr Osahon Okeaya-Inneh, Jonathan said he was yet to indicate or announce anywhere that he would contest for presidency in 2015, just as he dismissed the suit as an academic exercise.
In the counter affidavit against the suit, the Counsel to Jonathan averred: “I am a counsel in the law firm of Ade Okeaya-Inneh and Co. Counsel to the first defendant in this suit, by virtue of which I am conversant with the facts of this case
“I have the consent and authority of the 1stdefendant respondent to depose to this affidavit.
When my law firm was briefed by the first defendant to represent him in his action, I, together with Mr Mattew Aikhionbare (senior special assistant to the President) and Dr Reuben Abati (special adviser on media and publicity to the President) meticulously went through the 11-paragraph affidavit of the plaintiff in support of his originating summons.
The first  defendant is currently doing his first term of four years in office as the president of Nigeria as provided by the 1999 constitution as amended. The first defendant status and position is formidably backed by the 1999 constitution.
“The constitution of Nigeria only makes provisions for a president to contest for not more than two terms of four years each. The constitution recognizes the Executive President’s tenure of office to be four years.
“I was informed by Dr Reuben Abati on the April 4, 2012 at about 5.30 pm in his office and I verily believe that. The first defendant has not indicated or announced anywhere whether in words or in writing that he will contest for the presidential elections to be conducted in 2015.
The late President Umaru Musa Yar’Adua contested and won the presidential elections conducted in 2007 for a one term of four years. He was the president from May 29, 2007 until sometime in May 2010 when he passed on. Yar’Adua’s four years was to end in 2011.”
Jonathan further told the court that on May 6, 2010, he was sworn in as the president after the demise of the Late President Yar’Adua thereby completing Yara’Adua’s 12 months of the  four years tenure, stressing that this was the first time he is coming to power as the president of Nigeria through a conducted election wherein he was voted as the presidential candidate of his party, the PDP.
He said the plaintiff neither attached copies of his recent tax clearance certificate from the Federal Inland Revenue Service, FIRS, nor his PDP membership card as proof of who he claimed to be, and therefore, asked the court to terminate hearing on the suit, which he said was meant to make the court labour in futility.
Remarkably, this is the second time the plaintiff, Njoku is dragging President Jonathan to court with a view to thwarting his political ambitions.
Njoku had also in August 2010, attempted to stop the PDP from allowing Jonathan to participate in the PDP presidential primaries of January 2011.
The plaintiff, from Zuba Ward in Gwagwalada Area Council of Abuja and with PDP registration number 1622735, had previously urged the court to ask the PDP to respect its principle on zoning formula in line with Article 7. 2(c) of the party’s constitution.
He had insisted that the declaration of Jonathan then to contest the presidency on the PDP platform was contrary to Article7.2(c) of the 2009 Constitution of the PDP, as amended.
 

http://www.vanguardngr.com/2013/03/court-clears-jonathan-to-contest-presidency-in-2015/

1 Like

Re: Why GEJ Re-election Is Unconstitutional by israel007: 9:40am On Sep 18, 2013
Who be this one?
Re: Why GEJ Re-election Is Unconstitutional by Horus(m): 10:18am On Sep 18, 2013
HAH:

If we are in a sane and not morally bankrupt society, there is no need of going to court because it is very explicit that he has been sworn in twice before now, and if sworn in 3rd time he will be president for 9 years

Yes, if sworn in 3rd time, it is unconstitutional according to the Constitution of the Federal Republic of Nigeria
Re: Why GEJ Re-election Is Unconstitutional by Promxy94(m): 10:43am On Sep 18, 2013
That wan na Gej him luck,bt there no be Gej house
Re: Why GEJ Re-election Is Unconstitutional by aj1802001: 11:10am On Sep 18, 2013
to all anti gej, I ask the question. If gej was sworn in twice as claimed, that means he would have spent 6 years as president by 2015. That also means he has 2 more years out of the 8 years that is in the constitution for two terms to be served. Does that not mean he is entitled to stay in office till 2017 before any other election can be called?
Re: Why GEJ Re-election Is Unconstitutional by gerald09(m): 11:50am On Sep 18, 2013
Horus:

Yes, if sworn in 3rd time, it is unconstitutional according to the Constitution of the Federal Republic of Nigeria

I don't understand dis una calculation. If u guys keep using rubbish technicalities den make I use my own rubbish. So what u are saying is dat cos he was "sworn in" 2iwc already it means he has no ryt to contest 2015. Then OBJ election in 2003 was "technically" unconstitutional since he was "sworn in" 3 times to 1 in 1976 and another in 1999 and another in 2003. (Being sarcastic). Dude nobody elected Jonathan into aso villa in 2009. He was "appointed" cos his boss died he was elected by Nigerian in 2011 which makes him full under the " 2term, 4yr" rule. Dats y his opponent can't use it.
Re: Why GEJ Re-election Is Unconstitutional by HAH: 12:37pm On Sep 18, 2013
gerald09:

I don't understand dis una calculation. If u guys keep using rubbish technicalities den make I use my own rubbish. So what u are saying is dat cos he was "sworn in" 2iwc already it means he has no ryt to contest 2015. Then OBJ election in 2003 was "technically" unconstitutional since he was "sworn in" 3 times to 1 in 1976 and another in 1999 and another in 2003. (Being sarcastic). Dude nobody elected Jonathan into aso villa in 2009. He was "appointed" cos his boss died he was elected by Nigerian in 2011 which makes him full under the " 2term, 4yr" rule. Dats y his opponent can't use it.

I would have ignored you for mentioning obj in the 70s but let me inform you under military rule there is nothing like constitution and even if there is we are now operating under 1999 constitution.

GEJ contested a joint ticket with yaradua hence his takeover, he was elected together with yaradua that is why a president cannot sack a VP the way a minister will be sacked. VP is elected that is why the same procedure is followed when impeaching VP and President.

1 Like

Re: Why GEJ Re-election Is Unconstitutional by BekeeBuAgbara: 12:57pm On Sep 18, 2013
Oga charge and bail lawyer the last i checked Nairaland is not a court of law, if you are sure of your facts then contact the 7 PDP rebel governors or the emir of twitter El rufai.
Re: Why GEJ Re-election Is Unconstitutional by gerald09(m): 2:38pm On Sep 18, 2013
HAH:

I would have ignored you for mentioning obj in the 70s but let me inform you under military rule there is nothing like constitution and even if there is we are now operating under 1999 constitution.

GEJ contested a joint ticket with yaradua hence his takeover, he was elected together with yaradua that is why a president cannot sack a VP the way a minister will be sacked. VP is elected that is why the same procedure is followed when impeaching VP and President.
Dude I brought up d OBJ 1976 cos Its as silly as ur argument, that's what being sarcastic means daah!!. Ur point still doesn't make sense still, cos unless the constitution state dat a VP can not run for president I fink u shuld tell that to Atiku too, cos if according to ur "point" he was elected with obj both in 1999 n 2003 if he runs for president it is also unconstitutional since he was sworn in 2wic already. Am probably not an expert in politics but I have always tot the president gets to "Appoint" his running mate while the people vote in d president. And if the president is lost, died or under threat the VP is under the constitution appointed by senate to take over. so please could some1 explain to dis guy.
Re: Why GEJ Re-election Is Unconstitutional by HAH: 5:59pm On Sep 18, 2013
In a suit instituted by Buba Marwa against Nyako (later joined by four other goveors and INEC), the Supreme Court of Nigeria delivered a landmark judgement on January 27th, 2012, asking the five governors to step down from their offices handover to their successors.
For those among them eligible for second term in office, they were to submit themselves to the electorate for another mandate. But critically, the court pronounced that the tenures of the five governors elapsed since May 29th, 2011 thereby bringing to an end the issue of tenure elongation or otherwise.
The governors, who were made to go for re-runs for the 2007 elections always assumed the period they spent governing their states before their victories were annulled was “awuf” – bonuses if you may. The Court was emphatic that the Constitution does not make room for anybody elected into an executive office spending a day more than the maximum allowable eight years and if we are to go by the governors’ reasoning, then some of them might have stayed in office for a period of nine years or more. The Supreme Court ruling was very clear and unambiguous.
With this Supreme Court ruling in mind and the provision of section 135 subsection 2b, which is similar to section 180 subsection 2b, I find it hard to comprehend the “no vacancy in the Villa” campaign going on. I am also at a loss as to whether the Supreme Court ruling was only for the governors or that it encompasses all executive offices seeing the similarities in sections 135 and 180 of the constitution. The noise about Goodluck Jonathan contesting or not in 2015 and its legal implications taking into account the said ruling readily comes to mind. Section 135 of the 1999 constitution (as amended) deals with the issue of tenure and is explicit on the period. Subsection 2 of section 135 says “subject to the provisions of subsection (1) of this section, the president shall vacate his office at the expiration of a period of four years commencing from the date when: (a) in the case of a person first elected as president under this constitution, he took the Oath of Allegiance and Oath of Office; and (b) the person last elected to that office took the Oath of Allegiance and Oath of Office or would, but for his death have taken such oaths.
Taking the Supreme Court ruling and Section 135 (2b), one will be forgiven to assume Jonathan is legally barred from contesting in 2015 irrespective of how high the decibel level of Clark and Anenih’s chorus singers – the likes of Abba Gana, Ameh Ebute, Jerry Gana, Asari Dokubo, et al. Before Jonathan’s attack dogs descend on me, I would like us to study these legal positions carefully and dispassionately in order to locate where Jonathan’s ambition fit in.
The Supreme Court ruling says maximum allowable period of eight years made up of two terms of four years each. Therefore if Jonathan is to contest in 2015 and be forced once again on Nigerians for another four years, that will make him president for nine years since he took over from the late Umaru ‘Yar Adu’a on May 6th, 2010.
This goes against the grain of the Supreme Court ruling and since by convention all rulings and judgements from the Supreme Court are part of our sources of law, this particular one becomes a law of the land in as much as it is consistent with the constitution of the country.
So if the governors affected by the ruling forfeited their “awuf” period, it is only rational that Jonathan should also be affected by the ruling seeing the similarities between sections 135 and 180 of the constitution, our grund norm. This is without prejudice as to whether he promised our mercenary governors that he would not contest in 2015 before they “endorsed” him and rig him into office in 2011.
On the other hand section 135 subsection 2b of the constitution makes it clear that a person’s tenure ends from such a time that the last person so elected into such office will have taken another oath but for his death – meaning the tenure of the dead person might have elapsed and he may seek for a renewed mandate but for his death. Jonathan took over from ‘Yar Adu’a whose first term would have expired by May 29th, 2011 and might have taken another Oath of Allegiance and Oath of Office were he to have contested and won the election but for his death. And the second tenure will come to an end by May 29th, 2015.
Re: Why GEJ Re-election Is Unconstitutional by HAH: 2:01pm On Sep 19, 2013
HAH: In a suit instituted by Buba Marwa against Nyako (later joined by four other goveors and INEC), the Supreme Court of Nigeria delivered a landmark judgement on January 27th, 2012, asking the five governors to step down from their offices handover to their successors.
For those among them eligible for second term in office, they were to submit themselves to the electorate for another mandate. But critically, the court pronounced that the tenures of the five governors elapsed since May 29th, 2011 thereby bringing to an end the issue of tenure elongation or otherwise.
The governors, who were made to go for re-runs for the 2007 elections always assumed the period they spent governing their states before their victories were annulled was “awuf” – bonuses if you may. The Court was emphatic that the Constitution does not make room for anybody elected into an executive office spending a day more than the maximum allowable eight years and if we are to go by the governors’ reasoning, then some of them might have stayed in office for a period of nine years or more. The Supreme Court ruling was very clear and unambiguous.
With this Supreme Court ruling in mind and the provision of section 135 subsection 2b, which is similar to section 180 subsection 2b, I find it hard to comprehend the “no vacancy in the Villa” campaign going on. I am also at a loss as to whether the Supreme Court ruling was only for the governors or that it encompasses all executive offices seeing the similarities in sections 135 and 180 of the constitution. The noise about Goodluck Jonathan contesting or not in 2015 and its legal implications taking into account the said ruling readily comes to mind. Section 135 of the 1999 constitution (as amended) deals with the issue of tenure and is explicit on the period. Subsection 2 of section 135 says “subject to the provisions of subsection (1) of this section, the president shall vacate his office at the expiration of a period of four years commencing from the date when: (a) in the case of a person first elected as president under this constitution, he took the Oath of Allegiance and Oath of Office; and (b) the person last elected to that office took the Oath of Allegiance and Oath of Office or would, but for his death have taken such oaths.
Taking the Supreme Court ruling and Section 135 (2b), one will be forgiven to assume Jonathan is legally barred from contesting in 2015 irrespective of how high the decibel level of Clark and Anenih’s chorus singers – the likes of Abba Gana, Ameh Ebute, Jerry Gana, Asari Dokubo, et al. Before Jonathan’s attack dogs descend on me, I would like us to study these legal positions carefully and dispassionately in order to locate where Jonathan’s ambition fit in.
The Supreme Court ruling says maximum allowable period of eight years made up of two terms of four years each. Therefore if Jonathan is to contest in 2015 and be forced once again on Nigerians for another four years, that will make him president for nine years since he took over from the late Umaru ‘Yar Adu’a on May 6th, 2010.
This goes against the grain of the Supreme Court ruling and since by convention all rulings and judgements from the Supreme Court are part of our sources of law, this particular one becomes a law of the land in as much as it is consistent with the constitution of the country.
So if the governors affected by the ruling forfeited their “awuf” period, it is only rational that Jonathan should also be affected by the ruling seeing the similarities between sections 135 and 180 of the constitution, our grund norm. This is without prejudice as to whether he promised our mercenary governors that he would not contest in 2015 before they “endorsed” him and rig him into office in 2011.
On the other hand section 135 subsection 2b of the constitution makes it clear that a person’s tenure ends from such a time that the last person so elected into such office will have taken another oath but for his death – meaning the tenure of the dead person might have elapsed and he may seek for a renewed mandate but for his death. Jonathan took over from ‘Yar Adu’a whose first term would have expired by May 29th, 2011 and might have taken another Oath of Allegiance and Oath of Office were he to have contested and won the election but for his death. And the second tenure will come to an end by May 29th, 2015.

Am still waiting from GEJ supporters to tell me anything contrary to the above supreme court judgement, or any provision of the law that allows Governors and president to have more than 8 years in office
Re: Why GEJ Re-election Is Unconstitutional by TeaParty: 4:01pm On Sep 19, 2013
The bitterness and hate of you moslems towards GEJ is increasing day by day. If care's not taken you guys will die in it even before 2015.

HAH:

Am still waiting from GEJ supporters to tell me anything contrary to the above supreme court judgement, or any provision of the law that allows Governors and president to have more than 8 years in office
Re: Why GEJ Re-election Is Unconstitutional by Horus(m): 4:25pm On Sep 19, 2013
TeaParty: The bitterness and hate of you moslems towards GEJ is increasing day by day. If care's not taken you guys will die in it even before 2015.


Nothing to do with religion here.
Re: Why GEJ Re-election Is Unconstitutional by stebell(m): 4:46pm On Sep 19, 2013
HAH: Honestly am surprised that non of Gej opposition bring this valid reason to stop him from contesting. The fact is that GEJ is on his second term as president, furthermore if he is allowed to contest and if he win that means he will be president for 9 years which is grossly a violation of our constitution.

If our justice system is just Gej should not be allowed to contest, some will bring the aguement that he just finished yaradua tenuren the answer is no the moment he was sworn in he has started his tenure and first term and that is the consequence of being vice president.
Unam. So 9 yrs is now equivalent to 12yrs. And it also means 3rd term rite. Dreamer, continue dreaming.
Re: Why GEJ Re-election Is Unconstitutional by Kanwulia: 7:19pm On Sep 19, 2013
I hope the MINISTER of illiterates understands all these? cheesy

I tok am!

GEJ cannot achieve what OBJ couldn't ACCOMPLISH! 10 years on office? cheesy

OBJ WILL SABOTAGE IT OUT OF JEALOUSY, not out of constitutional principles.

Has OBJ, the "KING-MAKER" and "BREAKER" not come out OPENLY to tell us GEJ was to agree to ONE-TERM only? wink
Re: Why GEJ Re-election Is Unconstitutional by Nobody: 7:33pm On Sep 19, 2013
This has been debated here already when Jonathan bribed the supreme court to say it is okay for him to run in 2015.
Re: Why GEJ Re-election Is Unconstitutional by Kanwulia: 7:46pm On Sep 19, 2013
He berrrra be ready to BRIBE THE WHOLE NORTHERN - NIGERIA too! grin

Just watch OBJ "the tortoise" in action!!!!

World bank + IMF will have to go bankrupt with the caliber of bribery needed to RE-IMPOSE GEJ on NIGERIA!!!

No ELECTION IN 2015! GEJ has only 2 years left!

8 years MAX! If he does not die before then. Patience has sacrificed her mother, GEJ has eaten one of his brothers!

Let us see who will be the next sacrificial lamb!

Tinubu also chopped one MAMA!!!!

PolitRICKS nor be YOKE o!!!! grin
Re: Why GEJ Re-election Is Unconstitutional by HAH: 7:55pm On Sep 19, 2013
TeaParty: The bitterness and hate of you moslems towards GEJ is increasing day by day. If care's not taken you guys will die in it even before 2015.


Am not here to show any religious or ethnic sentiments, all I need are fact, the supreme courts says no one should stay more than 8 years according to the constitution . Now Gej has been sworn in twice and if allowed a third time he will exceed the 8 years term.

If you don't have any fact apart from your parochial sentiment please don't comment.
Re: Why GEJ Re-election Is Unconstitutional by Kingspin(m): 7:59pm On Sep 19, 2013
Why your Unconstitutional.

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