The question should rather be, ‘Is Jonathan capable of running’? The fuss should not be about the constitutionality of his candidacy but on his capabilities. On both counts of constitutionality and capability, Dr Jonathan Goodluck still remains a problem candidate

Former President Goodluck Ebele Jonathan handed over power to President Mohammadu Buhari in 2015 without hesitation and that stamped a tag of a hero on him, which was unfortunate, as well as a huge surprise to many who were privy to his administrative weakness, his multidimensional failure, poor economic choices and disastrous handling of power, energy, and insecurity the main reasons Nigeria has remained underdeveloped today.

The same person Wole Soyinka described in 2015 as a “problematic candidate”: In a BBC interview where the Noble Laureate laceratingly presented a robust proof of the former president’s encagement by what he called ‘sinister forces’ of evil and obvious doom. He was unimpressively controlled by people who never understood the relevance of power, energy and security in an economy.

In a time of economic boom between 2012 and 2015 that Goodluck Ebele Jonathan couldn’t fix power generation once and for all in Nigeria, and build a lasting energy security model, should have been tagged the worst crime in the history of leadership in the world.

A man whose 6 years political peregrination oozed overwhelmingly of grace misused, opportunity squandered, waste amplified, corruption maximized, insecurity escalated, cronyism in governance entrenched should be tagged incapable of a return to power.

That legal luminaries such as Femi Falana are only denouncing his candidacy based on constitutionality is not bright enough at all given that the constitution is as vague as ever on this matter.

Femi Falana is missing the point after all for arguing that Goodluck Ebele Jonathan isn’t eligible to run for Presidential election in 2023 citing a law that was just enacted 4 years ago. Based on the constitutionality argument alone former President Goodluck Ebele Jonathan would rise to power again to worsen Nigeria’s predicament. People hardly change. The subtle reoccurrence of 1984 between 2015 and 2022 should have taught Nigerians a lesson.

Take a look at the item in the constitution added in 2018 that Mr Femi Falana deployed in his argument last week: “Section 137(3) of the fourth alteration to the 1999 constitution reads: “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””.

He argued that Goodluck Ebele Jonathan isn’t fit for presidency based on that law. His argument attracted many commentators who disagree with him, based on the same piece of legislation.

This section of the constitution which the learned Senior Advocate of Nigeria deployed was an addition to the constitution, and that section clearly excluded the possibility of retrospectivisation because it was enacted three years after Jonathan had left office, and the legislators didn’t expressly clarify whether it will apply from when it was enacted in the Electoral Act Amendment 2018, in their bid to stop VP Yemi Osibanjo and any other Vice President in the future who may take over from a sitting President as former president Goodluck Ebele Jonathan did.

The law was enacted in the heat of President Buhari’s illness. The law took its validity from Act number 16, already approved speedily by President Buhari, which was to ensure that a Vice President or a deputy governor who succeeds and completes the tenure of a president or governor can only run for the office one more time.

Goodluck Ebele Jonathan had already ran for the second time in 2015. Act 16 has a specific intent to ensure that where a Vice President succeeds the president and where a deputy governor succeeds a governor, he can no more contest for that office more than once more. This perhaps should begin from 2018 when it was enacted.

Shouldn’t it? Unless it is clearly stated or it is targeting particular persons and that person should be Former President Goodluck Ebele Jonathan or the current Vice President Prof. Yemi Osibanjo (SAN). And the fact would be that Mr Goodluck Jonathan having taken the oath as President once, and can only contest for once again and no more.

His contest in 2011 would be tagged enough. That is the intent of this amendment. But Jonathan had already contested in 2015. The law didn’t specify that it affects those in the past.

Mr Mike Ozekhome in his view agrees with this position that based on the constitution that former president Goodluck Ebele Jonathan has the right to run for election in 2023. He argued that those trying to deny Dr Goodluck Ebele Jonathan’s legal, moral, constitutional rights are doing so out of selfish interests: “They have probably not adverted their minds to sections 141 of the Electoral Act, 2010, as amended, and section 285(13) of the same fourth alteration to the 1999 constitution, as amended, which they are relying on”, he added in an interview with Channels Tv last week. He also pointed that Section 137(3) cannot apply retrospectively. That that section didn’t clearly state that it included past leaders means that it cannot be applied to President Goodluck Ebele Jonathan.

However, the same Section 141 of the Electoral Act 2010 that Mr Ozekhome cited to further buttress his support for Goodluck Ebele Jonathan has been a subject of controversy.

On July 22, 2011, an Abuja Federal High Court voided Sections 140(2) and 141 of the Electoral Act 2010 as amended. The court also declared the two sections null, void and unconstitutional. The court therefore ordered that the two sections should not be binding on any ongoing election tribunal following the April general elections held across Nigeria.

Uwakwe and Nwabuchili in a 2017 paper published by the European Centre for Research, Training and Development contended that the National Assembly acted in excess of its legislative powers when enacting Sections 140(2) and 141 of the Electoral Act 2010 as Amended, and any action taken by any of the authorities without or in excess of its legal authority or power is ultra vires the Constitution and therefore void.

In the same line of argument, the section 137(3) cited by Mr Femi Falana was not clearly written as to who it applies to and when it begins to apply. Even at that we can see that both amendments namely 2010 and 2018 Electoral Acts were done in bad faith without clarity. The constitution is full of contradictions. Which makes for heavy legal consequences even when arguing about the eligibility of former President Goodluck Ebele Jonathan.

As I have been suggesting, Nigeria needs an improved constitution. The current constitution is so muddled and messy. It really hampers the maintenance of justice and make the job of lawyering and citizenship hard.

The best argument to stop Former President Goodluck Ebele Jonathan is on the grounds of capacity. When he was a president what did he do that would warrant PDP or APC to give him the opportunity to come back to Aso Rock?

That he even intends to go back to APC that pushed him out of power indicates extreme lack of integrity and policy, stability and capability to stand with what he believes. It is like President Donald Trump joining the Democratic Party. It is never done by any serious leader.

Under Goodluck Ebele Jonathan Nigeria couldn’t fix its power and energy generation problem, we had worst level of fuel scarcity annually, oil theft was enormous, insecurity was the norm as it is today.

Nigeria needs a new breed, a detribalized individual who eligible and capable to solve the power problems in the north and south of Nigeria. Nigeria needs a strong-willed leader who can unite Nigerians. Nigeria needs a man who has the capacity to respect freedom of speech, rebuild the educational system, revolutionize agriculture, railways and transportation system and other infrastructure. A man who will not come and begin to argue that stealing isn’t corruption.

In terms of constitutionality and capability former President Goodluck Jonathan is a problem candidate.

Goodluck Ebele Jonathan could be a hero, but he is not the most capable hand or most constitutionally eligible personality in Nigeria today for the Presidential office. There are many people who are capable and more constitutionally eligible. I ask again: Is Jonathan capable to run?

Chinonso Ndukwe PhD, wrote from Abuja.

https://dailytrust.com/is-jonathan-constitutionally-allowed-to-run

You guys will swallow your vomit and use same mouth to campaign for Jonathan

If Jonathan gets Apc ticket .. he will beat Pdp in the North and take four Pdp states along .. to Apc..

Gej should play wise ...

Power to the people
North 2023

Yes because the constitution says two tenures max. and he has only done one.

Las Las Tinubu go campaign for Jonathan

Jonathan?
He's eminently qualified

Send him to Addis Abeba Ethiopia to chair an African Union commission.