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2023: The Constitution Permits Jonathan To Run For President – Senior Lawyer

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2023: The Constitution Permits Jonathan To Run For President - Senior Lawyer
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A senior Nigerian lawyer, Olisa Agbakoba (SAN) has added his views to the controversies about the eligibility or otherwise of former President Goodluck Jonathan to contest the 2023 presidency.

Agbakoba in a statement sent to Naija News on Wednesday, 11th May, held that there are legal, moral and ethical angles from which the issue can be considered.

He however submitted that he would be sharing his opinion strictly from the legal angle.

Citing the constitution, the senior lawyer pointed at section 137 (3) of the 1999 Constitution (as amended) which states that for a Vice President who completes the tenure of a President who dies in office, such a Vice President, if he decides to run for the Office of President, will be eligible for one term of four years only.

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This is so that such a person won’t exceed the continually allowed maximum term limit of eight years.

Agbakoba however argued that the constitutional provision doesn’t affect Jonathan because the law became effective after he (Jonathan) had left office and the law can’t be backdated.

To this end, the Senior Advocate submitted that Jonathan is constitutionally and legally qualified to contest the 2023 presidency should he decide to join the race.

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In the words of Agbakoba, “The eligibility of Former President Goodluck Jonathan to run for the office of President has become a vexed issue. In reviewing whether he is eligible to run, I will consider strictly the legal issues. The moral and ethical questions are not for me to consider.

“The question of Jonathan’s eligibility is determined by section 137 (3) of the 1999 Constitution (as amended). The purpose of Section 137(3) of the Constitution is to resolve the dilemma of a Vice President who completes the tenure of a President who dies in office. Such a Vice President if he decides to run for the Office of President will be eligible for one term of 4 years only. Even though ordinarily he will be entitled to two terms of 8 years. The logic behind it is that if the Vice President fills the Presidents void and runs for two terms, he is most likely to exceed the constitutionally prescribed maximum tenure of 8 years.

“But the question is whether Section 137 (3) of the Constitution applies to Former President Goodluck Jonathan. I don’t think it applies to him because at the time Former President Goodluck Jonathan was President, Section 137 (3) of the Constitution was not in existence and there is a rule that you cannot backdate laws. Former President Goodluck Jonathan is eligible to run for the office of President.”

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Naija News reports the saga involving a possible 2023 Jonathan presidency also has to do with rumours that the former Nigerian leader is considering defecting to the ruling All Progressives Congress (APC) and contesting on the party’s platform.

Most recently, the speculations became heightened after a northern group purchased the N100m nomination forms of the APC for him, but Jonathan has since denied any involvement or authorization of the group’s actions.