Connect with us


POLITICS

Lawyer Faults Falana’s Position On Jonathan

Published

on

…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

My Comment Was Misinterpreted, I Never Declared To Contest Presidency —— Datti Baba-Ahmed

Published

on

The former vice-presidential candidate of the Labour Party, Datti Baba-Ahmed, has dismissed reports suggesting that he recently declared his intention to contest the presidency.

Speaking on Channels Television on Friday, Baba-Ahmed clarified that his comments had been misinterpreted, stressing that no such declaration was made.

“I never declared to contest the presidency two days ago,” he said.

According to him, his recent public remarks were limited to reaffirming his membership of the Labour Party, amid growing political discussions about the future direction of the party and its key figures. He acknowledged that while political possibilities may exist in the future, no announcement or decision has been made at this time.

The clarification comes after widespread media and social media reports claimed that Baba-Ahmed was positioning himself for a presidential run ahead of the next general election. The reports sparked debate among supporters and political observers, many of whom viewed his comments as a signal of ambition.

Explaining further, Baba-Ahmed said, “Two days ago, what I did was simply say that I remain in the Labour Party. I never declared to contest the presidency, even though there could be a possibility of that happening. I certainly did not declare for the presidency. I reiterated my membership of the Labour Party, and that is all.”

He added that any declaration of interest would depend on the Independent National Electoral Commission timetable and the party’s internal processes.

“The submission I made was that one will have to wait for the INEC timetable and for the party to make the call for people to indicate their interest. I did not declare,” he said.

Baba-Ahmed also criticised the role of social media in amplifying misinformation, urging professional media organisations to ensure accuracy.

“It is unfortunate that social media can be so sensational, putting out wrong narratives to emotional listeners. I believe formal media like yours should serve as filters and barriers so that the general public can always consume the correct information,” he said.

Continue Reading

BIG STORY

BREAKING: Rivers Assembly Begins Impeachment Proceedings Against Fubara

Published

on

The Rivers State House of Assembly has begun impeachment proceedings against Governor Siminalayi Fubara and his deputy, Ngozi Oduh.

During plenary presided over by the Speaker of the state House of Assembly, Martins Amaewhule, according to a live broadcast on Channels Television on Thursday, the Majority Leader, Major Jack, read out the notice of allegations and gross misconduct against Fubara.

Twenty-six members of the Rivers State House of Assembly signed the notice, which they alleged was against the Nigerian Constitution.

Amaewhule said the notice will be served to Fubara in the next seven days.

The Deputy Majority Leader of the House, Linda Stewart, also read out the notice of allegations and gross misconduct against Oduh.

More to follow…

Continue Reading

BIG STORY

BREAKING: Peter Obi’s Ex-Running Mate, Datti Baba-Ahmed Declares Presidential Ambition

Published

on

The Labour Party’s Vice Presidential candidate in the 2023 election, Senator Datti Baba-Ahmed, on Wednesday formally declared his interest in contesting the presidency in 2027, amid ongoing realignments within Nigeria’s opposition space.

Baba-Ahmed, who was the running mate to former Labour Party presidential candidate Peter Obi, made the declaration at a rally held at the party’s national secretariat in Abuja.

His announcement comes barely one week after Obi announced his departure from the Labour Party for the African Democratic Congress.
This move has triggered intense debate over the party’s future and the direction of the wider opposition ahead of the next general election.

Addressing party members and supporters, Baba-Ahmed said his aspiration was neither reactionary nor dependent on Obi’s political decisions, stressing that his presidential ambition predates the 2023 election.

He said, “I have made myself to contest for the office in 2027. I’m not following anybody’s trajectory or stepping into anybody’s shoes.

“Can I please remind you that before His Excellency Governor Peter Obi filed for the presidency, I aspired for the presidency before him? The records are there for you to see.”

The former lawmaker recalled his earlier attempt to secure his party’s presidential ticket, noting that he had contested in the Peoples Democratic Party primaries years before aligning with Obi in the Labour Party.

“In October 2018, I participated in the primaries of the then PDP in Port Harcourt and walked to Obi for his vote, and he smiled at me. What a gentleman he was.

“If you heard me well in what I just submitted, I saw a rare opportunity for national unity to have elected Peter Obi in 2023. And that is why I decided to flow with it,” he said.

Baba-Ahmed also addressed concerns about religion and ethnicity, insisting that Nigeria’s constitution guarantees every qualified citizen the right to seek elective office.

“Yes, I am a practising Muslim. But I’m a Nigerian, and the constitution allows me to contest. You asked about my ethnicity. Yes, I am a Hausa man, and the Nigerian constitution also allows me to contest. I’m doing this because Nigeria needs help,” he said.

However, Baba-Ahmed noted that while he had made his intention known, he would adhere strictly to party and electoral guidelines.

“However, as a law-abiding citizen and a loyal party member, until the timetable is released by INEC and the leadership of the Labour Party calls for interested aspirants, I will not say anything about it. But remember I told you that Nigerians know the truth,” he stated.

Reacting, the National Chairman of the Labour Party, Julius Abure, commended Baba-Ahmed for remaining in the party despite speculations that he might defect following Obi’s exit.

Abure said the development demonstrated that the Labour Party remained intact, adding that several key figures, including the Abia State Governor, Alex Otti, had also chosen to stay back.

He said, “Only recently, the Abia State Governor, Alex Otti, told the world that he joined the party before Peter Obi did – this is true. Otti also said he was not going to defect to Peter Obi.

“On the night Peter Obi defected, I received a telephone call from our Vice-Presidential candidate in the 2023 elections, Dr Datti Baba-Ahmed. He said he is not leaving the party because it was the platform upon which he, along with the former candidate, received 10 million votes from Nigerians, which was reduced to 6 million votes. We all know what happened.”

Abure further disclosed that Baba-Ahmed personally suggested a meeting of party leaders and members to reaffirm unity within the party.

“In fact, he asked me to organise an event where members can come together. He first suggested that we meet at the Transcorp Hilton Hotel with a few senior members that he would foot the bill.

“But I suggested that we hold the event here at the party Secretariat and invite our members, artisans and ordinary people who truly own the party, and he agreed. That is why we are having this gathering here today.

“The Labour Party is intact, we will not let Nigerians down. We will remain together and provide a genuine alternative for Nigerians,” he said.

Baba-Ahmed’s declaration has added a fresh dimension to the emerging 2027 presidential contest, as parties begin early positioning amid shifting alliances within the opposition.

Continue Reading


 

 


 

 

 

 

Join Us On Facebook

Most Popular


Warning: Undefined array key "slug" in /home/porsch10/public_html/wp-includes/class-wp-theme-json.php on line 2117

Warning: Undefined array key "slug" in /home/porsch10/public_html/wp-includes/class-wp-theme-json.php on line 2117

Warning: Undefined array key "slug" in /home/porsch10/public_html/wp-includes/class-wp-theme-json.php on line 2117