Goodluck Jonathan: Nigeria's former president rejects APC nomination
If he decides to run, Goodluck Jonathan will face stiff competition in the presidential race.
Former Nigerian President Goodluck Jonathan has rejected a presidential nomination form, saying it was bought without his consent.
The form was for the ruling All Progressives Congress (APC) that defeated Mr Jonathan in 2015 after he had been in power for five years.
A supporters' group bought the nomination form on his behalf on Monday, continuing the trend of aspirants using proxies to purchase the form.
But a statement by the former president's spokesman said Mr Jonathan "was not aware of this bid and did not authorize it".
"We want to state that if the former president wanted to contest an election, he would make his intentions clear to the public and will not enter through the back door," it said.
Nigeria's main political parties are expected to hold their primaries later this month to meet the election commission's dateline of 3 June for the submission of their candidates for the February 2023 election.
It costs 100m naira (about $240,000; £195,000) to purchase the APC's nomination papers.
Whoever gets the APC's nomination for the election will expect a stiff contest from the PDP.
Dr Jonathan had been under tremendous pressure from power brokers within the APC to contest for the president since he will be entitled to only one term, having earlier served between 2010 and 2015.
However, recent amendment of the Constitution may have precluded Jonathan from running for office again since he served out the remaining term of late President Umaru Musa Yar'Adua. He also won election on his terms in 2011.
Human rights lawyer, Mr. Femi Falana, SAN, and the Law and Order Group, have disagreed over the eligibility of former president Goodluck Jonathan to contest for president in 2023.
While Falana insisted that Jonathan cannot run by virtue of 137 (3) of the 1999 Constitution, the Law and Order Group disputed Falana’s assertion.There have been speculations that the former president may defect from the Peoples Democratic Party, PDP, to the ruling All Progressives Congress, APC.
Jonathan was elected President of Nigeria in the 2011 general election, but lost to Muhammadu Buhari in 2015.
But Falana, in a statement, said the former President has been disqualified by virtue of 137 (3) of the 1999 Constitution.
The statement reads: “It has been confirmed that former president Goodluck Jonathan has decided to join the APC for the purpose of contesting the 2023 presidential election. However, the former president is disqualified from contesting the election by virtue of 137 (3) of the Constitution of the Federal Republic of Nigeria 1999 as amended, which provides as follows:
“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.
“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 than two terms of eight years.
While Falana insisted that Jonathan cannot run by virtue of 137 (3) of the 1999 Constitution, the Law and Order Group disputed Falana’s assertion.
There have been speculations that the former president may defect from the Peoples Democratic Party, PDP, to the ruling All Progressives Congress, APC.
“In other words, the Constitution will not allow anyone to be in office for more than a cumulative period of 8 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 Governor 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. The Supreme Court rejected the prayer on the ground that a Governor is entitled to spend a maximum period of eight years or less and not more than eight years.
“It is not in dispute that Dr. Jonathan became the President of Nigeria in 2010 following the sudden death of President Umoru Yar’Adua. He later contested and won the 2011 presidential election. Having spent five years in office as President, 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 9 years as President of Nigeria in utter breach of Section 137 of the Constitution which provides for a maximum two terms of eight years.”
Group counters Falana
But the Law and Order Group has disputed Falana’s assertion that the former president is not qualified to contest in the 2023 general elections.
The group, in a statement by its coordinator, Aliyu Mohammed, said: “We wish to categorically state that the said statement is erroneous and misconceived. In the first place, the 4th Alteration to the Constitution which introduced Section 137(3) was signed into law as part of the Constitution of the Federal Republic of Nigeria, 1999 (as amended) by President Muhammadu Buhari in June 7, 2018.
“The said Section 137 (3) contains a commencement date which is the date it was signed into law. Thus, the provisions of Section 137(3) of the 1999 Constitution (4th Alteration) became operative on June 7, 2018, and not any time before that date.
Source: BBC News with additional reporting by Metro