₦airaland Forum

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.

Concern trails Abobaku over Alaafin Adeyemi’s Demise

The term “Abobaku” is presently trending on Twitter and other social media platforms following the news passing of Oba Adeyemi today.

Many tweeps have been sharing comments on what would be the fate of the one closest to the king, having enjoyed the same benefits with the monarch while alive.

While some showed concerns and kicked against the revival of such tradition following the circumstances that surrounded the passing the late Ife Monarch, Oba Sijuwade, whose Abobaku was said to have run away because of the fear of death; others are asking that chief Abobaku be closely monitored from escaping so as to be buried with the monarch to avoid calamity in the land.

Meanwhile, some days ago, there was a trending report of the Abobaku of Oníkòyí of Ikoyi escaping to an unknown destination and yet to be found.

In ancient Yoruba Culture, anyone who bore the Abobaku title was buried alongside the incumbent king upon his demise.

It is believed that the title was a way of strengthening loyalty and preventing betrayal that could lead to the King’s untimely death since whoever occupied the position was sure to protect the King as much as he could, to avoid his death as well.

Abobaku title was a death trap, as the holder of such title had their life depending on the death or survival of the incumbent King. But the position was much contested, just like other exalting chiefly titles in the kingdom. And this was because of the benefits attached to the title.

The abobaku is believed to be close to the King with the right to enjoy the royal largess. He may even have rights nearly equal to that of the King, depending on the cultural practices of the kingdom in question.

Following the death of the previous Ooni of Ife, Oba Sijuwade, it was rumored that the abobaku escaped; to avoid getting buried along with the dead King. But this has been dispelled as fake news, with clarifications emerging to prove that no such title existed in Ile-Ife.

And the Saarun of Ife who is said to be the closest to the Ooni, lived his full years and was never buried with the Ooni. Since the abobaku culture was abolished in 1859, there has been no record of this practice anywhere in Yoruba land.

Below are some of the tweets with which Nigerians have been bantering on the issue of the Abobaku following Alaafin’s death

@Tee_Classiquem1 said: “The title of Abobaku has to be one of the scariest titless to ever existed in Yoruba land, so now that Alaafin of Oyo is dead automatically he will also be announced dead even though he’s still hale and healthy? Well, it can never be me sha, I swear they won’t see my break light.

@Phoenix4721 said: “Abobaku should not japa abeg. You cannot flex life with baba and run away this time.”

@PhemmyEyeOfGod said: “Justice for alaafin of Oyo. How abobaku go chop life of over 5 decades japa in the space of few hours help us find abobaku.”

@Arc Jamal Usamat: “May Almighty Allah have mercy I pity Abobaku”

@Bibiire Albarika Stardom Kayzman: “Wetin go happen to ABOBAKU of OYO bayi if truly Alaafin Oyo is dead”.

@Niyi Tabiti said: “In Yoruba land, the King never dies.

He only travelled to meet his ancestors.

Oba ti waja…How can iku baba yeye die? Stop it��

Meanwhile, all eyes is on ‘Abobaku’ before he

escapes from Oyo☺️”.

I picked my Governorship form…no be any group buy am for me..I no go lie lie.

Parachoko:
So a Southerner in the PDP can't defeat a Southerner the APC will present?

triple996:
No mkpurumiri will ever near asorock

okrote4real:
While the PDP digs deep in the mud trying to find electoral gold, President Muhammadu Buhari, in a swift response to this tragic event, met with Security Chiefs and directed the immediate conclusion of all processes for implementation of the integrated Security Surveillance and Monitoring System (ISSM) solution for Abuja-Kaduna Rail Line as well as the extension of the ISSM solution to cover the Lagos – Ibadan Rail Line.

haffaze777:
You don't need to stress yourself bro because PDP will wait till eternity for this judgement to be implemented.

nesgeeek:
2m is ok, tell the rider to pay it up within a year.

naija4life247:
So nobody again in Osun PDP except Ade de Dancer a.k.a. F9 Parallel. How did PDP get to this level in South West Nigeria? In Lagos also, PDP has only Jimmy Agbaje a.k.a. Customer daada.