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Lawyer Faults Falana’s Position On Jonathan

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…Says he’s eminently qualified to contest 2023 elections

I have just read a story currently trending on social media credited to the leading Human Rights Lawyer and Senior Advocate of Nigeria (SAN), Mr. Femi Falana to the effect that former President Goodluck Jonathan is constitutionally barred from contesting in the 2023 Presidential election. Mr. Falana predicated his position on the provision of section 137 (3) of the 1999 Constitution (as amended). I beg to disagree with Mr. Falana’s submission. It does not reflect the position of the law.

Beyond Mr. Falana’s submission, this issue has generated a lot of controversy in recent times, and in this short piece, I shall show that former President Jonathan is constitutionally qualified to contest in the 2023 Presidential election and that the provisions of section 137 (3) of the 1999 Constitution do not apply to him.
THE IMPORT OF SECTION 137 (3) OF THE 1999 CONSTITUTION (AS AMENDED) AND ITS ORIGIN
Section 137 (3) of the 1999 Constitution (as amended) provides thus:
‘A person who was sworn in as President 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’’.

In simple terms, section 137 (3) means that a person who had completed the term of another person, just like former President Jonathan completed the term of late President Yar’Adua, can be elected for only one term.
However, the key question is whether this constitutional provision, that is, section 137 (3), applies to former President Jonathan in respect of his constitutional right to contest the 2023 Presidential elections. This leads us to the determination of its origin. Section 137 (3) came about as a result of the 10th alteration to the 1999 Constitution which was assented to by President Buhari on the 7th day of June 2018. In effect, the commencement date or the date section 137 (3) enters into operation is from the 7th day of June 2018. Now, former President Jonathan completed the term of Late President Yar’Adua from May 5, 2010, to May 29, 2011, and served a single term from May 29, 2011, to May 29, 2015.

The question is whether a law or constitutional provision which came into effect on the 7th day of June 2018, after Jonathan had served the term of Late Yar’Adua and a single term in office, has retrospective application to an event that occurred before the coming into effect of the law. The apex court in Nigeria, which is the Supreme Court, has distinguished between two sets of laws. That is, the substantive or organic and the procedural laws. Whereas substantive laws deal with substantive rights and obligations of persons, on the other hand, procedural laws deal with issues of procedure such as rules of court. As to the application of these two sets of laws to practical situations, the Supreme Court has provided a guide in a plethora of cases. In the recent case of Nwora & Ors v. Nwabueze & Ors (2020) ALL FWLR (Pt. 1029) 58, 93, paras A-H, a case that deals with one of the constitutional alteration bills signed into law by President Buhari on the 7th day of June 2018, the Supreme Court, Per Nweze, JSC stated the law in these words:
‘’Both in England and Nigeria, superior courts have made it, abundantly, clear that the applicable law to a cause of action is the law prevailing at the time the cause of action arose, notwithstanding, that the law has been revoked at the time the action is being trial … In all, it is a fundamental principle of our law that rights of parties in an issue in the litigation are decided based on the substantive or organic law in force at the time of the act in question. This distinguishes them from adjectival or procedural law where the rule governing practice and procedure is the rule in force at the time of trial or the application is heard unless there is provision to the contrary…’’

In simple terms, constitutional provisions or laws relating to the right to contest elections such as section 137 (3) fall under the umbrella of substantive or organic law and as the Supreme Court has repeatedly held, the substantive or organic law applicable is the law that was in existence at the time the act in question occurred. The simple reason is that laws generally do not have retrospective effect, except otherwise stated. In other words, laws apply only to acts that occur after the enactment of the law and not those that occurred before the enactment. See SHABA & ORS v. KPOTUN & ORS (2021) LPELR-54766 (CA), 29-30. The actin question here is that former President Jonathan completed the term of Late President Yar’Adua before spending another term as President from 2011 to 2015.
Clearly, from the foregoing statement of the law, the relevant questions that come to mind are:
i. When did former President Jonathan complete the term of President Yar’Adua and served one term?
ii. Was the provision of Section 137(3) the law in existence at that time?
The answers to the foregoing questions are not farfetched. Former President Jonathan completed the term of Late Yar’Adua from May 10, 2010, to May 29, 2011, and served one term from May 29, 2011, to May 29, 2015. Then, the answer to the second question is simple. Section 137 (3) was not in existence or operation from May 10, 2010, to May 29, 2015, when the act in question occurred; hence it is not applicable.
Based on the foregoing, I submit most humbly that the learned Senior Advocate of Nigeria (SAN), Mr. Femi Falana was wrong to contend that former President Jonathan is not qualified to contest the 2023 Presidential election based on section 137 (3) which came into effect on the 7th day of July 2018. Section 137 (3) does not apply to former President Jonathan and he is constitutionally qualified to contest the 2023 Presidential election if he wishes to aspire.

Eric K. Omare, Esq is the Principal Partner in the law firm of E. K. Omare & Co, based in Warri, Delta State, and can be reached via [email protected]

BIG STORY

Road To 2027: We’ll Ensure APC Gets Less Than 15k Votes — Kwankwaso

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Rabiu Kwankwaso, the former governor of Kano state, stated that the New Nigeria People’s Party (NNPP) will reduce the influence of the All Progressives Congress (APC) in the state.

Speaking on Wednesday at a meeting with party stakeholders in Tsanyawa LGA of the state, Kwankwaso mentioned that the NNPP aims to ensure the APC receives fewer than 15,000 votes in the 2027 elections.

In the 2023 governorship election, the NNPP garnered 1,019,602 votes, the APC secured 890,705 votes, while the Peoples Democratic Party (PDP) came third with 15,957 votes.

Kwankwaso emphasized that the NNPP achieved the “remarkable feat” of over one million votes despite being a new political platform and starting its campaign late.

“Now, it’s our turn to diminish APC’s influence. We will work tirelessly to ensure their votes are reduced to less than 15,000 in Kano come 2027,” Kwankwaso stated.

Kwankwaso, who was the NNPP’s presidential candidate in 2023, urged his supporters to stay united and focused to ensure the party’s success in future elections.

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BIG STORY

Road To 2027: Tinubu Not Threatened By Obasanjo, Kwankwaso, Obi’s Talks — APC

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The ruling All Progressives Congress (APC), on Sunday, stated that it was not intimidated by the weekend visit of former presidential flag-bearer of the New Nigeria People’s Party, Senator Rabiu Kwankwaso, and former Cross River State governor, Donald Duke, to the Abeokuta, Ogun State home of ex-President Olusegun Obasanjo “to discuss the political future of Nigeria.”

In recent weeks, there have been growing debates about the 2027 general elections after the Secretary to the Government of the Federation, Senator George Akume, advocated for the re-election of President Bola Tinubu for a second term.

According to Akume, there will be no vacancy in Aso Rock until 2031, when Tinubu would have completed a second term.

However, the opposition has rejected this notion, insisting that the ruling APC would be removed from power by 2027.

Over the weekend, Kwankwaso and Duke, a 2007 presidential aspirant, visited ex-President Obasanjo in Abeokuta and held a closed-door meeting.

Although the specifics of their discussions remain undisclosed, sources close to the leaders suggested that the meeting was part of a broader effort to strategize for Nigeria’s 2027 general elections.

Obasanjo, a key figure in Nigerian politics, has been actively engaging various stakeholders to explore alternatives to the ruling APC and the opposition Peoples Democratic Party.

The ex-President has recently been highly critical of Tinubu’s administration, condemning alleged corruption and rising debt burdens.

Kwankwaso, an influential figure in Kano State politics, brings significant clout and followership, while Duke, a former governor from the southern region, is expected to offer his unique perspective on governance and national unity.

Though the details of their conversation remain confidential, Kwankwaso’s statement after the meeting suggested a collective intention to challenge the existing political structure and pave the way for a new direction in Nigeria’s political landscape.

Confirming the meeting via his verified Facebook page, Kwankwaso stated, “I was pleased to be in the company of my friend, His Excellency Donald Duke, and other associates to pay a courtesy call on former President Olusegun Obasanjo at his residence in Abeokuta.”

He added, “Deliberations on significant national issues, including the future of politics and governance in Nigeria, defined the conversation. We are grateful to Baba for his warm reception, support, and hospitality.”

However, responding to the development in an interview (with The Punch) on Sunday, the National Publicity Director of the ruling APC, Bala Ibrahim, dismissed the meeting as a potential threat to APC continuity.

Ibrahim asserted that Tinubu’s political stature and relevance in contemporary politics had far surpassed those of the opposition figures and statesmen.

He said, “With due respect, I hold Obasanjo in high esteem. As a former President, ex-Head of State, and an elder statesman, I don’t want to take issues with him. But when it comes to the politics of Nigeria, particularly contemporary politics, Tinubu is not their mate.”

“Tinubu is head and shoulders above them in modern politics in Nigeria. So the combination of Obasanjo, Kwankwaso, Peter Obi, and Donald Duke, who was my schoolmate, does not present a threat to Tinubu. These are people who were trashed in the last election.”

“This is not the first time Obasanjo has rallied around someone, and that person was defeated. Remember, he supported (ex-President Goodluck) Jonathan, who later lost to Buhari. Obasanjo supported another candidate, Peter Obi, in the last election again and Tinubu trounced them.”

“So they can have marathon meetings and meet till the end of time, they will not present any threat to the government of APC. Who among Kwankwaso, Obasanjo, Obi, and Duke was not beaten? If they are bringing angels, it’s a different story. But if it is these same spent forces that will combine and meet, their meeting cannot bring any good outcome.”

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BIG STORY

Rowdy Session As Another LP Reps Defects To APC, Cites Leadership Crisis

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The member representing Jos South and East Federal Constituency, “Alfred Illiya Ajang,” has defected from the Labour Party (LP) to the All Progressives Congress (APC).

In a letter read by the Speaker of the House of Representatives, “Tajudeen Abbas,” during plenary on Thursday, the now-defected member claimed that the crisis in the Labour Party was the reason for his defection.

The House was thrown into a rowdy session as some lawmakers raised eyebrows over the content of the letter.

Lending his voice, Minority Leader “Kingsley Chinda” says the letter is not in accordance with the constitution of the House and, as such, should be rejected.

He said that as a standing order, any member who wishes to defect must first inform his constituents and party members on the platform on which he was elected before any letter is read.

Chinda argued that since this criterion has not been met, the letter should not be admitted.

The speaker, however, overrode the observation.

Meanwhile, a former Minister of Labour and Employment and now-serving senator “Simon Lalong” was at the House of Representatives complex to witness the defection and give support to his colleague.

The House had earlier suspended its rules to admit Lalong, representing Plateau South senatorial district.

His defection from the LP to the ruling APC adds to the swelling number of federal lawmakers dumping one of Nigeria’s main opposition parties.

A few days back, another lawmaker, “Dalyop Chollom,” representing Barkin Ladi/Riyom Federal Constituency, dumped the LP for the APC. He cited the crisis in the party as his reason.

Some weeks back, four members of the House of Representatives dumped the LP for the ruling party, citing squabbles in the Labour Party.

Following their defection, the LP threatened legal action and claimed their action was unconstitutional.

The Labour Party made inroads in national politics in the 2023 general election years after its formation. It got six Senate and 34 House of Representatives seats.

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