eldoradoxx:
What the constitution says is that you cannot serve more than two tenures in office. Jonathan has only been elected once and served one term in office. Completion just one year of Yar Adua term does not count as his term, it was Yar Adua's tenure he helped complete. Have u asked yourself what happens if you were elected Governor of your state and your opponent successfully challenges your victory at the Tribunal and the election is voided let's say 6 months after you have been sworn in as Governor. You go for a second election and win again and sworn in again as Governor. Does it mean you have served two terms and not eligible for second tenure simply because you will be sworn in again for the 3rd time.
You see why Falana cannot be right?

No sir.once you complete another person's tenure,you are entitled to one tenure afresh..when a court removes you and you are reelected,your tenure starts counting from when you first took oath of office

ugotex85:
If not for greed, Goodluck Jonathan has business governing Nigeria again. They say it's best to leave the stage when ovation is loudest, the rot that Buhari's government brought upon this country will take at least a decade of consistent good leadership to fix it, so the 4 years Jonathan can possibly do, will not make any reasonable amends, no matter how he tries, so tell me, what's the essence of denting his image with this Greek gift if not for greed?

Another factor is that the north want to use him to reduce the 8 years fair share of the South to 4 years, even lesser because I'm sure that the lawmakers that introduced this bill and Buhari that signed it into law did it for a time like this. They may just allow Jonathan to win election, then few months or years into his administration, they will impeach him and a notherner will take over power. How I wish Oga Jona would look look beyond his greed to see that these people want to destroy him completely. Dude, quit this race and enjoy your statesmanship in peace and contentment.
A word they say is enough for the wise.

Almijirin because it was President Buhari that selected your Governor, State House of Assembly Members & Local Government Chairpersons & officials?

Nonsense Failure, Shameless Ipobian, mention one thing since 2105 that your Governor or state government has done for you & your family to elevate you people from poverty, both materially & mentally.

Before you are whining about one Mumu Mallam in Aso Rock?

sapele914:
Almijirin because it was President Buhari that selected your Governor, State House of Assembly Members & Local Government Chairpersons & officials?

Nonsense Failure, Shameless Ipobian, mention one thing your state has done for you & your family to elevate you people from poverty, both materially & mentally.

Before you are whining about one Mumu Mallam in Aso Rock?

What is this one whining about? I have read your comment twice without making any sense out of what you wrote, abi you're high on Sapele weed this early morning?

ugotex85:

What is this one whining about? I have read your comment twice without making any sense out of what you wrote, abi you're high on Sapele weed this early morning?

Read it a thousand times over, still I would & did not expect a myopic mind like you to understand.

Agbegbaorogboye:

137 was amended in 2017 so does not apply in Jonathan's case

For me,it does but the courts will decide

Agbegbaorogboye:

137 was amended in 2017 so does not apply in Jonathan's case

State your reasons why you feel it doesn’t apply to him or anyone that has been sworn in President twice by the Chief Judge of The Federation

Oga lawyer, it seems we honourable unlearned knows better than you in this case or you just choose to be mischievous.

Former president GE Jonathan is 100% qualify to contest, win & attain president of Nigeria one more term. But, for principled, integrity, humility & honourable sake, he shouldn't come low to that decision again.

So pls, save your grammar....

garfield1:



For me,it does but the courts will decide

No courts will decide anything, it is sacrosanct law, section 137(3) of the constitution to be precise, disqualifies Jonathan Goodluck.

eldoradoxx:
Falana's argument is brilliant but very misconceived. Am happy that he agreed that the constitutional amendment does not take retroactive effect. The constitution is simply saying you can't be have more than two terms of 4 years each. The question is whether Jonathan has had 2 terms of four years. Completing Yar Adua's tenure from 2010 to 2011 cannot count as a full term of 4 years.

The law also says that he can not take Oath of Office more than twice. How do you reconcile this??

SeeItSayIt:
Oga lawyer, it seems we honourable unlearned knows better than you in this case or you just choose to be mischievous.

Former president GE Jonathan is 100% qualify to contest, win & attain president of Nigeria one more term. But, for principled, integrity, humility & honourable sake, he shouldn't come low to that decision again.

So pls, save your grammar....

When I observe the way people like you reason, no wonder Nigeria is a failed state, the constitution of 1999 is there, google it & read, instead of exposing your ignorance.

Ignorance is not accepted as an excuse in law, all of a sudden to you, Mr Stealing of public funds is now a man of integrity?

sapele914:
Read it a thousand times over, still I would & did not expect a myopic mind like you to understand.

Get off my mention you scallywag, when you're free from the grip of your weed, may be you can start thinking like a sane human being.

ugotex85:

Get off my mention you scallywag, when you're free from the grip of your weed, may be you can start thinking like a sane human being.

You have read & still can’t understand?

Ok, visit section 137(3) of the 4th alteration of the Constitution of 1999 (As Amended).

I always told you that you are a myopic young Ipobian brat.

ikpumbe:



So the yorubas knew it but went ahead to remove Jonathan through northern conspiracy

Did you say "remove Jonathan?" That means Yorubas are kingmakers. Seriously, I can't believe you are flying the ethnic kite here...

See another minority clown shouting here now oo..Our igbo brother Said you should get off his mention..You no gree oo, when we start exchanging bannable comments and we both get banned,don't vex oo.. Ndi Minority self.. na wa oo

sapele914:
You have read & still can’t understand?

Ok, visit section 137(3) of the 4th alteration of the Constitution of 1999 (As Amended).

I always told you that you are a myopic young Ipobian brat.

OyeofIkoTuN:
See another minority clown shouting here now oo..Our igbo brother Said you should get off his mention..You no gree oo, when we start exchanging bannable comments and we both get banned,don't vex oo.. Ndi Minority self.. na wa oo

Majority Tribe Shameless Ipobian that wails more than the whole minority tribes in Nigeria combined?

Ok wait we are coming to dash you President of The Federal Republic of Nigeria, sorry oh I forgot that Jonathan is now a member of Ohaneze, Jonathan Ebele Goodluck Azikiwe aka JEGA

Was that supposed to be an insult..? Dry joor. A whole giant arguing with 700k population, that's an insult to me and nairaland

sapele914:
Majority Tribe Ipobian that wails more than the whole minority tribes in Nigeria combined?

Ok wait we are coming to dash you President, sorry oh I forgot that Jonathan is now a member of Ohaneze, Jonathan Ebele Goodluck Azikiwe

sapele914:
No courts will decide anything, it is sacrosanct law, section 137(3) of the constitution to be precise, disqualifies Jonathan Goodluck.

Gbam

Compliant:
LAWYERS ARE THE REAL PROBLEM OF THIS COUNTRY

SO WHY DIDNT THEY STOP JONATHAN DOING THE TIME HE LOST TO BUHARI?

Exactly my thought. How come Falana didn't think he was ineligible in 2015?

garfield1:
He is correct.you cannot spend more than 8 years or take oath thrice

Agbegbaorogboye:
Of course he's not right. He's hiding under the amendment of 2017 which can't be retrospective and the claim of being sworn in twice when the Constitution actually mentioned being elected twice not sworn in twice.
Very bad. It looked more like an hatchet job. Same mistake he made in 2015. Malami ended up getting the AGF instead

I don't think Falana is right:

A Cyriakos Njoku filed a suit at the FCT High Court on Jonathan's eligibility in 2014 and the case was thrown out. He appealed and in March 2015, the Appeal Court ruled that: Jonathan was only elected once in 2011 and had a right to contest in 2015, stating that he only completed Yar'Adua's tenure when he took the oath in 2010.

1. The SC has ruled on a similar issue;
Geidam for example, was sworn-in as Deputy-Gov in 2007. His Principal, Sen Mamman Ali died in January 2009, and Geidam was sworn-in, he contested the 2011 & 2015 elections and won and his eligibility status was contested down to the SC in Maihaja v Geidam 2017.

The SC said Geidam only did hold the fort in 2009 & was not elected Gov in 2009 but only in 2011 & 2015, hence he was eligible.

2. Section 137 became law in 2018 but the law is not retrospective.

This is in accord with common sense as a law yet to be in existence cannot have effect on rights and/liabilities existing prior to its creation/commencement. (SC on HDP v Peter Obi)

It is settled law that the applicable law is the law in existence at the time the cause of action arose and not the law in force at the time of instituting the action or time of judgment (SC on Adigun vs Ayinde)

...Based upon the presumption that a legislature does not intend what is unjust, the Courts have always leaned against giving statutes a retrospective effect and usually regard them as applying to facts or matters which come into existence after the statutes were passed unless it is clearly shown that a retrospective effect was intended by the Legislature. (SC in Afolabi v Gov of Oyo).

....But it should be emphasised that an interpretation giving a retrospective effect to a statute’ should not be readily accepted where that would affect vested rights or impose liability or disqualification for past events. (SC in Adesanoye v Adewole)


Falana's argument is different....The SC refused Ladoja because he was sworn-in as an elected Gov before his impeachment. They are very different. Jonathan wasn't in 2010.

sapele914:
Stop exposing your ignorance with this long epistle.
https://www.premiumtimesng.com/news/top-news/271662-buhari-signs-bill-limiting-tenures-of-vice-presidents-deputy-governors-who-succeed-principals.html

Hehehehe. Usually it is the ignorant one that first remembers the word ignorance

fergie001:


I don't think he is:

A Cyriakos Njoku filed a suit at the FCT High Court on Jonathan's eligibility in 2014 and the case was thrown out. He appealed and in March 2015, the Appeal Court ruled that: Jonathan was only elected once in 2011 and had a right to contest in 2015, stating that he only completed Yar'Adua's tenure when he took the oath in 2010.

1. The SC has ruled on a similar issue;
Geidam for example, was sworn-in as Deputy-Gov in 2007. His Principal, Sen Mamman Ali died in January 2019, and Geidam was sworn-in, he contested the 2011 & 2015 elections and won and his eligibility status was contested down to the SC in Maihaja v Geidam 2017.

The SC said Geidam only did hold the fort in 2009 & was not elected Gov in 2009 but only in 2011 & 2015, hence he was eligible.

2. Section 137 became law in 2018 but the law is not retrospective.

This is in accord with common sense as a law yet to be in existence cannot have effect on rights and/liabilities existing prior to its creation/commencement. (SC on HDP v Peter Obi)

It is settled law that the applicable law is the law in existence at the time the cause of action arose and not the law in force at the time of instituting the action or time of judgment (SC on Adigun vs Ayinde)

...Based upon the presumption that a legislature does not intend what is unjust, the Courts have always leaned against giving statutes a retrospective effect and usually regard them as applying to facts or matters which come into existence after the statutes were passed unless it is clearly shown that a retrospective effect was intended by the Legislature. (SC in Afolabi v Gov of Oyo).

....But it should be emphasised that an interpretation giving a retrospective effect to a statute’ should not be readily accepted where that would affect vested rights or impose liability or disqualification for past events (SC in Adesanoye v Adewole)


Falana's argument is different....The SC refused Ladoja because he was sworn-in as an elected Gov before his impeachment. They are very different. Jonathan wasn't in 2010.

The law is unambiguous & plain, man in his wisdom has made it complicated, it is simple, Jonathan cannot take the oath of office & be sworn in more than twice by the Chief Judge.

First time was after the death of Yaradua, second time when he won the 2011 election.

Assuming but not conceding, Let him contest & win, no Chief Judge of The Supreme Court of Nigeria will swear him in.

But you kept shut when he was contesting for second tenure in 2015.

Warey on white Wings

sapele914:
The law is unambiguous & plain, man in his wisdom has made it complicated, it is simple, Jonathan cannot take the oath of office & be sworn in more than twice by the Chief Judge.

First time was after the death of Yaradua, second time when he won the 2011 election.

Assuming but not conceding, Let him contest & win, no Chief Judge of The Supreme Court of Nigeria will swear him in.

Yes, the law takes effect now but not for Jonathan because the cause of action took place with the then existing law.

The Chief Judge is the head of the SC and will follow the law. You can read through the cases of Cyriakos Njoku v Jonathan OR Maihaja v Geidam. Even Govs who have eligibility issues are sworn-in by their Chief Judges let alone a CJN who is head of the SC and will respect decisions of the SC. Even an accused is presumed innocent until proven guilty.

Jonathan is eligible on points of law, though he should respect himself.

litigator:



The law also says that he can not take Oath of Office more than twice. How do you reconcile this??

The law cannot be interpreted retroactively. That provision means that after that constitution amendment was effected, anyone from that date henceforth who completes a tenure of another cannot be elected more than once. When Jonathan took over from Yar Adua, no such provision existed, therefore we cannot go backward to apply it to Jonathan. The law does not work that day. It is like u committed robbery today punishable by let's say 10 years imprisonment. Three months after ur arrest, National Assembly makes law that says that robbery is now punishable by death, how do you want the judge to now find u guilty and sentence you to death whereas at the date you committed the offence, it was only punishable by 10 years. Jonathan can run, there is absolutely no doubt about that.

eldoradoxx:
Hehehehe. Usually it is the ignorant one that first remembers the word ignorance

Ignoramus let me enlighten your oblivious mind, why do you think Saraki, Atiku, Dino Melaye, Tambuwal, Kwakwanso, Ganduje & Co left pdp?

Because they were questioning the eligibility of Jonathan to contest in 2015, since he had already been sworn in twice by the Chief Judge & they were not ready to stick around in the party for Jonathan to lose @ the Supreme Court because there was a lacuna in the Constitution.

After the elections the National Assembly addressed that issue & it was signed into law by the President.

https://www.premiumtimesng.com/news/top-news/271662-buhari-signs-bill-limiting-tenures-of-vice-presidents-deputy-governors-who-succeed-principals.html

eldoradoxx:
The law cannot be interpreted retroactively. That provision means that after that constitution amendment was effected, anyone from that date henceforth who completes a tenure of another cannot be elected more than once. When Jonathan took over from Yar Adua, no such provision existed, therefore we cannot go backward to apply it to Jonathan. The law does not work that day. It is like u committed robbery today punishable by let's say 10 years imprisonment. Three months after ur arrest, National Assembly makes law that says that robbery is now punishable by death, how do you want the judge to now find u guilty and sentence you to death whereas at the date you committed the offence, it was only punishable by 10 years. Jonathan can run, there is absolutely no doubt about that.

I just wonder how you feel when you realize how naive you have been?

The law is blind, it is not about Jonathan, no one in Nigeria can take the oath of office to be a Governor or President more than twice sworn in by the Chief Judge of the State or Federation.

Jonathan have you taken the oath of office & been sworn in twice by the Chief Judge of The Federation? Yes, then you are not eligible.

When Buhari was incapacitated for 7 months in the United Kingdom, Osinbajo was the President of The Federation, but he was never sworn in by the Chief Judge.

sapele914:
I just wonder how you feel when you realize how naive you have been?

The law is blind, it is not about Jonathan, no one in Nigeria can take the oath of office to be President more than twice sworn in by the Chief Judge of the State or Federation.

Do you know the man named Ibrahim Geidam?

Jonathan have you taken the oath of office & been sworn in twice by the Chief Judge of The Federation? Yes, then you are not eligible.

When Buhari was incapacitated for 7 months in the United Kingdom, Osinbajo was the President of The Federation, but he was never sworn in by the Chief Judge.

It will not even be entertained because you will be asked what is the cause of action?

fergie001:

Then what happened to Ibrahim Geidam?

There was lacuna in the Constitution, a law has been passed to address Geidam’s issue, it can never happen again.
https://www.premiumtimesng.com/news/top-news/271662-buhari-signs-bill-limiting-tenures-of-vice-presidents-deputy-governors-who-succeed-principals.html

sapele914:
There was lacuna in the Constitution, a law has been passed to address Geidam’s issue, it can never happen again.

Is the law retrospective?

The SC Judges will ask: What is the cause of action of your suit?

When you answer that, they will ask you:
Is it a pre-election matter?

fergie001:

Do you know the man named Ibrahim Geidam?


It will not even be entertained because you will be asked what is the cause of action?

There was no section 137(3) during the time of Ibrahim Geidam, it was only inserted in the 4th alteration of the Constitution in 2018, it can never happen again, that is why we have amendments.

pavoda:

https://www.premiumtimesng.com/news/top-news/526591-why-jonathan-cannot-run-for-presidency-in-2023-femi-falana.html

So this man doesn't have sense at all..

GEJ only completed Yaradua's term.

His original term began in 2011. So he has every right to contest a 2nd term.

sapele914:
There was lacuna in the Constitution, a law has been passed to address Geidam’s issue, it can never happen again.
https://www.premiumtimesng.com/news/top-news/271662-buhari-signs-bill-limiting-tenures-of-vice-presidents-deputy-governors-who-succeed-principals.html

You didn't read my initial write-up you quoted then. Go through it painstakingly.....You'll see my point there.

We all know there is a new law...the plank of the matter now:
Is the law retrospective or not?

sapele914:
There was no section 137(3) during the time of Ibrahim Geidam, it was only inserted in the 4th alteration of the Constitution in 2018, it can never happen again, that is why we have amendments.

Yes, going forward it won't happen, but it won't affect a case like Jonathan who has vested rights.