Two Senior Advocates of Nigeria have argued that former President Goodluck Jonathan cannot seek re-election into the office of the President with the coming into force of the latest constitutional amendment.
The amendment to the constitution signed by President Muhammadu Buhari last week stops a vice-president who completes the term of a President from contesting to be President more than one time.
It also stops a deputy governor who completes the term of a governor from seeking a second term in office as a governor.
A President’s term can be cut short by reasons of death, resignation, or death to pave the way for the Vice-President to complete the term of the departed President.
Following the death of then President Umaru Yar’adua in 2010, Jonathan as the then Vice-President, took a new oath of office to complete Yar’Adua’s term as President.
Had the law come into force in 2015 Jonathan would have been ineligible to contest the March 2015 presidential election which he lost to Buhari.
Despite the fact that Jonathan’s situation predated the new constitutional amendment, Messrs Paul Ananaba (SAN) and Ahmed Raji (SAN), argued in separate telephone interviews with one of our correspondents on Friday, that the former President could not seek a re-election into the office of the President under the current 1999 Constitution.
Without specifically mentioning Jonathan’s name, Raji argued that whoever had found himself or herself in a situation captured by the new amendment to the 1999 Constitution could not seek re-election into that same office more than once.
Raji said, “We have to look at the wordings of the new provision carefully to ascertain the mischief the amendment seeks to avoid or remove.
“I want to guess that the amendment is aimed at avoiding a situation where any person will occupy the seat of a Governor or President for a period more than eight years.
“This will be in line with the Supreme Court decision in Marwa vs Nyako. If that is the case, I will humbly think that the amendment will be applicable to all who have found themselves in such situation since 1999 when the constitution took effect.
“Any contrary interpretation will give rise to possible two classes of people under the same dispensation which will not augur well for our jurisprudence. Individual interests must bow to overall public interest.”
On his part, Ananaba said he had always argued that Jonathan was not qualified to seek re-election in 2015 even before the new amendment.
He said, “It is correct. It is the right thing to do. I have always canvassed that Jonathan had no right to go for a second term. This is because the governor and the deputy governor just like the President and the vice President ran on the same ticket which made it unnecessary to conduct an election to fill that position if the position of the governor or that of the President suddenly becomes vacant.
“So, once the Deputy Governor or the Vice-President completes the term, it means the term has been completed.
“In Goodluck Jonathan’s case, I argued that, though many people disagreed and even some courts even gave judgment contrary to my view, that if he (Jonathan) had won in 2015 he would have been in office for more than eight years which the constitution never envisages.
“This amendment is in good faith and I commend the government for it.”
…Omisore, Kaka, other ex-deputy governors divided over new law
Meanwhile, some ex-deputy governors are divided over the desirability of the constitutional amendment, which also stops a deputy governor who completes the term of a governor from seeking a second term in office.
A former Deputy Governor of Ogun State, Senator Adegbenga Kaka, said it was undemocratic to restrict former deputy governors to a single term of office after they had completed a term with the governors.
He said the electorate should have the final say on the fate of former deputy governors, or in the alternative a step should be taken to amend the constitution to give deputy governors more meaningful roles.
He said, “It is undemocratic to restrict former deputy governors to a single term after completion of a term. We all know that the deputy governors are like spare tyres, they are only allowed to operate within the areas given to them by the governors.”
A former Deputy Governor of Oyo State, Hazeem Gbolarumi, however, said the ban was a welcome development, saying it would allow more capable people to aspire for the top seat.
He said, “What the president has done is a welcome development but I would have preferred a law restricting presidents and governors to only one term of six years. That will be better than governors and presidents spending eight years.
“The second term is always a waste. In six years, you should be able to do whatever you want to do. The experience we have had in seeking re-election is not palatable. It comes with intimidation and harassment of people. It is a bad idea for our kind of politics. It kills political career of many good politicians who may never get a chance because of two-term agenda of presidents and governors. But the new law is not bad because it gives room for more qualified people to aspire to become governors and presidents.”
A former Deputy Governor of Osun State, Senator Iyiola Omisore, said he was indifferent over the new law.
Omisore, who was deputy to Chief Bisi Akande, said there were some ambiguities surrounding the new law which should be removed.
He said, “I am indifferent about it. But there are ambiguities around the new law and it must be removed. Such law will disrupt zoning like it did when Jonathan took over after the death of Umaru Yar’Adua.”
The current Deputy Governor of Kwara State, Mr. Peter Kisira, said he was not opposed to the law, describing it as good for all.
In a response through his media aide, Mr. Bunmi Adedoyin, the deputy governor noted that the law had passed through all the legislative processes before it was given assent by Buhari.
According to a former Deputy Governor of Akwa Ibom State, Chris Ekpenyong, the length of time one spends in leading a state does not matter.
“It is a function of who is there and what he wants; the issue is what does he want to offer and how does he go about it.”
Two former deputy governors of Taraba State, Alhaji Armayau Abubakar and Uba Ahmadu, hailed the President for enacting the law, describing it as good for democracy.
Two other SANs, Tayo Oyetibo and Mike Ozekhome, have expressed divergent views over the law.
Oyetibo said such constitutional amendment was good for democracy and would stabilise the political system, as well as ensure the unwritten zoning pattern.
Ozekhome, however, noted that the amendment was inappropriate and unfair to deputy governors and vice-presidents.
