Edited:

I greet everyone here,I come in peace.

Please I want to get a clarification on this based on what our legal luminary Femi Falana explained about Jonathan and the Nigerian constitution, I will be very glad if someone interprets or break it down to us in layman's language so that we will understand.

I have a question on Imo state 2019 General Election Winner, Rt. Hon. Emeka Ihedioha before the Supreme Court Removed him.

We know that there will be no Governorship Election in Imo State during the general election but comes up around september or october 2023.

If Rt. Hon. Emeka Ihedioha contests and wins in 2023 Governorship Election, will he be eligible to contest in 2027 Imo State Governorship Election.

I want to know if what Falana explained will still apply to Governors or only Presidents since Ihedioha ruled only 7 or 8 months as Governor of Imo State.

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


Human rights lawyer, Femi Falana, said Thursday, that former President Goodluck Jonathan cannot contest in the 2023 presidential election, citing constitutional provisions barring the ex-president from seeking re-election.

The senior lawyer said this in a statement in response to growing calls on Mr Jonathan to throw his hat into the ring ahead of the 2023 election.

He said Mr Jonathan, who was Nigerian president between 2010 and 2015, would breach constitutional term limits of two terms of eight years if he runs for the presidency and wins again.

He recalled that Mr Jonathan became the President of Nigeria in 2010 following the sudden death of President Umaru Yar’adua, Yaradua and later contested and won the 2011 presidential election.

Mr Jonathan spent five years in office as President which would make it nine years in office if he contests and wins again, Mr Falana said.

“Dr. Jonathan is disqualified from contesting the 2023 presidential election. The reason is that if he wins the election he will spend an additional term of four years.

“It means that he would spend a cumulative period of nine years as President of Nigeria in utter breach of Section 137 of the Constitution which provides for a maximum two terms of eight years,” Mr Falana said.

The senior lawyer also said that by virtue of section 137 (3) of the Nigerian constitution, Mr Jonathan cannot seek a re-election to the office of the president having completed the tenure of the late President Yar’adua and sworn in again for a full four-year term in 2011 upon winning the presidential election in his own name.

“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 a single term,” the section 137(3) of the constitution cited by Mr Falana reads.

The National Assembly had introduced the constitutional provision via the Fourth Alteration No 16 Act 2017 which President Muhammadu Buhari signed into law on June 4, 2018.

Mr Falana faulted the argument that the constitutional provision signed into law in 2018 cannot retroactively apply to Mr Jonathan who had left office after his failed reelection bid in 2015.

Mr Jonathan lost the keenly contested election to President Buhari.

Faulting the argument that Mr Jonathan is exempted from the effect of section
137 (3) of the Nigerian constitution, Mr Falana referenced the failed bid of former Governor of Oyo State, Rasheed Ladoja, to seek an extension of his tenure to cover for the time he was kept out of office through illegal impeachment.

Mr Falana recalled that the Supreme Court rejected Mr Ladoja’s prayer on the grounds that a governor was only entitled to spend a maximum period of eight years or less and not more than 8 years.

He said: “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 that two 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 4 years and if a second term, another period of 4 years and not a day longer.

“In the case of Gov. Ladoja v INEC (2008)40 WRN 1 the Supreme Court rejected the prayer of Governor Ladoja for 11 months’ extension to cover the period he was kept out of office through illegal impeachment,” he said.

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

Yes because he was never a governor according to our law he was wrongly swear in.

He will be able to contest because in the eyes of the law he was never a governor, reason Imo state election is coming up on 2024 and not 2023.

obinoral1179:
He will be able to contest because in the eyes of the law he was never a governor, reason Imo state election is coming up on 2024 and not 2023.

Yes, he was never a governor but Hope 4 years tenure began the day he took oath of office. The period Ihedioha spent will not be counted as his own.

The situation is not the same. Ihedioha was judged by the supreme court not to have won the elections. That voids the oath he took as Governor

Im no Lawyer but I dont see any reason why Ihedioha cannot serve two terms as Governor if he wins

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I greet everyone here,I come in peace.

muykem:
Yes, he was never a governor but Hope 4 years tenure began the day he took oath of office. The period Ihedioha spent will not be counted as his own.

According to Falana, you can't spent more than 8years as a Governor or President. If he succeeds in 2024 and 2028, the 8 months he already spent as a governor will count against him..

In the eyes of the law he was never a governor so he still has a clean slate in term how many times he can contest.
~peace

Ihedioha is eligible for a fresh two terms because in the eyes of the law he was not supposed to be sworn in as governor. Supreme Court said he didn't win that election

Bobloco:
Ihedioha is eligible for a fresh two terms because in the eyes of the law he was not supposed to be sworn in as governor. Supreme Court said he didn't win that election

Can someone please explain this bolded to me.

But he is still addressed as a former Governor by the media and Nigerians.

Simeon88:
In the eyes of the law he was never a governor so he still has a clean slate in term how many times he can contest.
~peace

He won't because he has been sworn in for the first time. It's not about number of years spent as mentioned by op, but number of time one took the oath of office.

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AsabaPropertyAg:
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His tenure or days starts counting from the day he was first elected.there are precedents.in 2008,the court sacked imoke ex governor of cross river and ordered a fresh polls.he won and the apex court stated that his tenure starts from the day he took the first oath when he was elected as governor

garfield1:


His tenure or days starts counting from the day he was first elected.there are precedents.in 2008,the court sacked imoke ex governor of cross river and ordered a fresh polls.he won and the apex court stated that his tenure starts from the day he took the first oath when he was elected as governor

This is because he won the election again.

Falana goofed on this one. I watched the interview, and saw that when Seun prodded him further, his conviction wavered a bit.

Based on what Falana said, the few times Osibanjo acted on Bihari’s behalf, his time as President of Nigeria has counted; as such, does that mean Osibanjo can only do one term? Because if he is re-elected, his second term will definitely exceed a cumulative period of 8years.

Definitely, that is not what the constitution is saying. Falana goofed this time.

Falana was only fannimg Tinubu's waning political flame. Jonathan can contest and servrme out his full term.

Good morning Nigeria

We know that there will be no Governorship Election in Imo State come 2023 but 2024.

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Let him win first... When the time comes the law will update us. Naija law no straight...

Happy New Month

Edited

Yes. The law didn't recognize his one year term.

Please I want to get a clarification on this based on what our legal luminary Femi Falana explained about Jonathan and the Nigerian constitution, I will be very glad if someone interprets or break it down to us in layman's language so that we will understand.