close
Saturday, April 30, 2022

Ozekhome counters Falana, says Jonathan qualified to contest presidency in 2023

Mr Ozekhome said it would be “grossly unfair” to deny Jonathan the right to contest for the 2023 presidency when the county’s extant laws and court decisions permit him.

• April 30, 2022
Mike Ozekhome, Goodluck Jonathan and Femi Falana
Mike Ozekhome, Goodluck Jonathan and Femi Falana

Renowned lawyer Mike Ozekhome has pushed back claims by colleague Femi Falana that former President Goodluck Jonathan is not qualified to run for the office he lost to President Muhammadu Buhari in 2015.

Mr Ozekhome, a Senior Advocate of Nigeria, said Mr Jonathan is “constitutionally” qualified to contest the presidency in 2023.

This comes amidst rife speculation that Mr Jonathan may defect to the All Progressives Congress (APC) to contest in the 2023 presidential election.

In a legal opinion released on Friday, Mr Ozekhome said it would be “grossly unfair” to deny Jonathan the right to contest for the 2023 presidency when the county’s extant laws and court decisions permit him.

“The truth of the matter is that the antagonists of Jonathan running in 2022, in their strange line of argument, are mainly relying on the above section 137(3),” Mr Ozekhome said.

“They have probably not averted their minds to sections 141 of the Electoral Act, 2010, as amended, and section 285(13) of the same fourth alteration to the 1999 Constitution, as amended, which they are relying on.”

Mr Ozekhome further noted that ‘these antagonists” did not take cognisance of a subsisting Court of Appeal decision in favour of Mr Jonathan when was similarly challenged for supposed ineligibility before the 2015 presidential election.

“The section 137(3) being relied upon by the antagonists was signed into law in 2018, three years after Jonathan had left office. Can he be caught in its web retrospectively?” Mr Ozekhome queried.

“It is clear that those deliberately misinterpreting the clear position of the law may be baying for Jonathan’s blood, possibly as a potential candidate who may subvert the chances of their preferred candidates.”

Despite calls from different quarters for Mr Jonathan to run, Mr Falana said section 137(3) of the Constitution disqualifies the immediate past president from contesting.

Mr Falana argued that if Mr Jonathan wins the election in 2023, he would spend a cumulative period of nine years as president, contravening the Constitution.

Section 137(3) of the fourth alteration to the 1999 constitution reads: “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”.

Elected vice president in 2007 alongside late President Umaru Musa Yar’Adua, Mr Jonathan became the president in May 2010 following the death of his principal, completing the latter’s tenure.

He won the 2011 presidential election, but lost his attempt to secure a second term in office in 2015 to Mr Buhari who is now said to favour him as his successor.

More from Peoples Gazette

Economy

Buhari regime will continue to borrow without subsidy removal: Femi Adesina

“You know how much could have been saved if the subsidy was removed and how it could have been diverted to other areas and spheres of national life.

voters

Politics

2023: Lawyer tasks electorates to vote competence, shun selfish politicians

The lawyer called on political parties to stop imposing highest bidders on the public for their selfish interest.

Alabo Tonye Graham-Douglas

NationWide

Ijaw elders mourn ex-minister Graham-Douglas, extol his virtues

Mr Graham-Douglas once held the following portfolios: Aviation, Tourism, Labour and Productivity, and Youths, Sports and Culture.

Mudashiru Obasa

Lagos

2023: Agege APC leaders buy nomination form for Lagos speaker Obasa

Mr Mudashiru Obasa will be returning to the House of Assembly in 2023 for a sixth term.

JAMB

Education

2022 UTME: JAMB directs candidates to begin printing notification slips

JAMB said the printing would enable candidates to know the venue, date, session and time of their examination.

Nigerian Police and Sultan of Sokoto

States

Eid-el-Fitr: Sultan salutes Muslims as police assure Oyo, Yobe residents of security

Muslims were asked to remain virtuous, self-disciplined, dedicated and God-fearing at all times.

Muhammadu Buhari, Goodluck Jonathan, Bola Tinubu and Yemi Osibajo

Opinion

Azu Ishiekwene: What history says about how Buhari’s successor will emerge

The noise about a possible Jonathan return and concerns that it could be disastrous for other aspirants may be good political gossip, but it’s a waste of time.