A Senior Advocate of Nigeria, Jibrin Okutepa, has argued that it could be unconstitutional for former President Goodluck Jonathan to contest and win the 2027 presidential election.
In keeping with Okutepa, underneath the 1999 structure, Jonathan has already served 6 years in workplace, arguing that if he wins in 2027 and serves for 4 years, that may whole 10 years in workplace.
He famous that the time fastened by the structure is 8 years.
Talking on Come up Tv’s information programme on Tuesday, Okutepa recalled that he had maintained the identical place since 2013 when he wrote an article questioning Jonathan’s eligibility to hunt re-election in 2015.
He anchored his argument on the Supreme Courtroom’s determination in Marwa vs. Nyarko, which, in response to him, established that no particular person can occupy the workplace of governor or president for greater than two phrases of 4 years every underneath the 1999 Structure.
Okutepa famous that Jonathan first grew to become president in 2010 after the loss of life of President Umaru Musa Yar’Adua, finishing the remaining two years of that tenure, earlier than profitable election in 2011 to serve one other 4 years.
He additional cited the Fourth Alteration Act of 2018, which offers that any particular person sworn in to finish the tenure of one other president can solely be elected for one extra time period.
Okutepa mentioned: “Way back to 2013, I’ve had trigger to jot down an article on the premise of whether or not or not the then president, Goodluck Jonathan was certified to hunt reelection in 2015 and my article was extensively revealed in Sahara Reporters.
“My argument then was primarily based on the selections of the Supreme Courtroom within the case of Marwa versus Nyarko, the place the Supreme Courtroom was emphatic that underneath the 1999 structure, an individual can solely be elected to the workplace of the governor or president for 2 phrases of workplace of 4 4 years.
“Now there isn’t a dispute that President Goodluck Abele Jonathan was the vp of the Federal Republic of Nigeria when, sadly, President Yaradua died. And he spent two years finishing the tenure of workplace of President Umaru Musa Yaradua. Then, as of proper, he received elected in his personal proper for a interval of 4 years, which he spent.
“When he was searching for the re election to contest the election for 2015 I used to be of the view, and I nonetheless maintain that view tenaciously, that he was not certified to run for that workplace on the premise of the Supreme Courtroom determination that interpreted the provisions that an individual is certified what number of years to remain in workplace.
“And my argument was easy, devoid of any legalistic argument rooted in authorized confusion, let’s make the easy arithmetic. The 1999 structure was the Structure underneath which President Umaru Yaradua and President Goodluck Ebele Jonathan contested election.
“The Structure says you can’t qualify to run for the workplace of the president, besides you’ll nominate an individual who’s equally certified to change into president as your operating mate. So President Goodluck Ebele Jonathan was nominated. He ran for the workplace of the presidency with President Umaru Yaradua. Sadly, President Yaradua died, and he took over.
“In order at right now, underneath the 1999 structure, President Ebele Jonathan had spent six years in workplace, two years as president serving the 2 the rest of the tenure of the workplace occupied by late President Yaradua, 4 years in his proper, making a cumulative years of six years now, if he runs for 2027 and he wins, query is, underneath what structure did he run? 1999 structure?
“What number of years has he served underneath that structure? Six years plus 4 years, making a interval of 10 years. That one can be opposite to the selections of the Supreme Courtroom that the time fastened by the structure for tenure of workplace is just like the rock of Gibraltar that can’t be elongated and it can’t be moved.
“Secondly, earlier than then, and to place paint to what appears to be like like constitutional ambiguity, the Nationwide Meeting got here with the fourth alteration act. And that fourth alteration Act was handed on the seventh of June, 2018 and that’s the fourth alteration act that claims expressly, an individual who was sworn in as President to finish a time period for which one other particular person was elected as president shall not be elected to such workplace for greater than a single time period.
“So the query is- did President Goodluck Jonathan full the tenure of workplace of president Yaradua? The reply is sure. Did he win election for an additional single time period underneath the 1999 structure? The reply is sure.”
