Falana: Nigeria’s constitution disqualifies Jonathan from contesting presidency in 2023 – Newstrends
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Falana: Nigeria’s constitution disqualifies Jonathan from contesting presidency in 2023

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Femi Falana

Femi Falana, senior advocate of Nigeria (SAN), says former President Goodluck Jonathan cannot run for president in 2023.

Although the former president is yet to declare his interest in the presidency, there have been speculations that he may defect to the All Progressives Congress (APC) to contest in the 2023 presidential election.

Several support groups have asked him to run for president.

Last Thursday, a youth group known as the Nigerian Young Professionals in Diaspora(NYPD) gave the former presidenta week’s ultimatum to declare his presidential bid.

The group had said Jonathan would bring peace and stability to the country when he becomes president.

But finally responding to the calls to declare, Jonathan, last Friday, said he could not say if he would be declaring for presidency.

Commenting on the development, Falana said section 137(3) of the constitution disqualifies Jonathan from contesting for the office of the president.

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“It has been confirmed that former President Goodluck Jonathan has decided to join the All Progressives Congress, APC, to contest the 2023 presidential election,” Falana said.

“However, the former President is disqualified from contesting the said election by 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 2 terms of 8 years. In other words, the Constitution will not allow anyone to be in office for more than a cumulative period of 8 years.

“It is not in dispute that Dr. Jonathan became the President of Nigeria in 2010 following the sudden death of President Umoru Yaradua. He later contested and won the 2011 presidential election. Having spent 5 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 4 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 8 years.”

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PDP crisis over secretary lingers despite Supreme Court ruling

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PDP crisis over secretary lingers despite Supreme Court ruling

The Supreme Court on Friday set aside the decision of the Court of Appeal, Enugu Division, delivered on 20 December 2024, which affirmed the removal of Senator Samuel Anyanwu as the National Secretary of the main opposition Peoples Democratic Party (PDP).  

In a unanimous judgment by a five-member panel, the apex court ruled that matters concerning the leadership or membership of a political party are internal affairs and should not be subject to judicial intervention. The court held that the Federal High Court lacked jurisdiction to hear the matter initially brought by Aniagwu Emmanuel.

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However, the judgment, expected to bring an end to the crisis, has left the PDP leadership and members in disarray, as both parties in the suit—Anyanwu and Ude-Okoye—are claiming victory. The development threatens to disrupt the fragile peace the party has enjoyed since its organs unanimously endorsed Sunday Ude-Okoye following the High Court’s ruling in Enugu.

PDP crisis over secretary lingers despite Supreme Court ruling

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Supreme Court declares Wike’s ally Anyanwu as PDP National Secretary

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Senator Samuel Anyanwu

Supreme Court declares Wike’s ally Anyanwu as PDP National Secretary

The Supreme Court on Friday declared an ally of Nyesom Wike, Samuel Anyanwu, as the authentic National Secretary of the Peoples Democratic Party (PDP).

The apex court set aside the judgment of the Court of Appeal in Enugu, which had ruled against him by recognising Sunday Udey-Okoye as secretary of the party.

A five-member panel of the apex court held that the issue of who is the National Secretary of the PDP borders on the internal affairs of a political party which is not justiciable.

Justice Jamilu Tukur, who delivered the lead judgment of the Supreme Court, consequently struck out the judgment of the trial court delivered in October 2024 and also set aside the majority judgment of the court of appeal which had in December affirmed the sack of Anyanwu as PDP’s National Secretary.

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Justice Tukur subsequently affirmed the minority judgment of the appellate court delivered by Justice Ekanem, which had nullified the judgment of the trial court on account of lack of jurisdiction.

Besides, the apex court held that the plaintiff, Aniagu Emmanuel, who initiated the suit at the trial court lacked the necessary legal backing to do so since he did not show how he was affected by who is the National Secretary of the PDP.

In its decision, the Supreme Court agreed with Anyanwu’s argument that both the Court of Appeal and the trial court in Enugu lacked the authority to hear the case, as it involved the internal affairs of the PDP.

PlatinumPost reports that Anyanwu had earlier left the position of secretary  to contest for Imo governorship election, only to return after losing the guber poll.

Supreme Court declares Wike’s ally Anyanwu as PDP National Secretary

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Updated: Atiku, Obi, El-rufai, others form coalition to unseat Tinubu

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Updated: Tinubu reacts as Atiku, Obi, El-Rufai, others form coalition 

 

Former Vice President Atiku Abubakar says he has formed a coalition with some prominent opposition leaders aimed at unseating President Bola Ahmed Tinubu in 2027.

Atiku made the declaration during a press conference in Abuja on Thursday, attended by several opposition politicians, including former key members of the All Progressives Congress who have since defected.

But the Tinubu-led administration has reacted saying the coalition was driven by hate and not genuine.

The event was convened to address President Bola Ahmed Tinubu’s declaration of a state of emergency in Rivers State.

Among those present at the event were the 2023 Labour Party’s presidential candidate, Peter Obi, who was represented by Dr Yunusa Tanko; former Secretary to the Government of the Federation (SGF), Babachir Lawal; and former Governor of Kaduna State, Nasir El-Rufai.

Others are a former governorship aspirant in Ogun State, Segun Sowunmi; former Director General of Progressive Governors Forum (PGF), Dr Salihu Lukman; Alhaji Adamu Maina Waziri, Chief Peter Ameh and Soni Monidafe, among others.

When asked whether the emerging coalition would serve as the main opposition against the APC in the 2027 elections, Atiku said, “Yes, this is the birth of the coalition of opposition ahead of 2027.”

Many are wondering how leaders with differing ideologies, ambitions, and party affiliations can work together.

In his reaction, spokesperson for the Tinubu-led government, Bayo Onanuga, in a statement referred to the Abubakar-led coalition as “the coalition of Tinubu haters.”

“They are not politicians after the public good. It’s all about their self-interest. They are disgruntled. They are a frustrated lot. The leaders are sore losers. The coalition is an amalgam of Tinubu haters. Their agenda is to stop Tinubu,” Onanuga said.

The presidential spokesperson added that Tinubu remained focused on governance and would not be distracted by a coalition of politicians driven by selfish interests.

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