Former President Goodluck Jonathan
A authorized practioner, Okoli Akirika, has stated that the amended 1999 structure can not bar former President Goodluck Jonathan from vying for president of Nigeria if he chooses to.
The modification, which was assented to by President Muhammadu Buhari penultimate week, stated that anybody who had been sworn in as president or governor to finish the time period of an elected president or governor can not do greater than a single time period.
Jonathan was sworn in as president in May 2010 after the dying of President Umaru Musa Yar’Adua.
After finishing Yar’Adua’s tenure, Jonathan contested and gained the presidential election in 2011.
He contested once more within the 2015 presidential election however misplaced to Buhari.
Speaking with Sunday Punch in Awka, Anambra State, Akirika hailed the National Assembly for the modification.
He stated the ‘intendment’ of the lawmakers was salutary as a result of it might ‘cure’ the type of stalemate that arose through the dying of former President Umaru Yar’Adua.
He stated that, usually talking, the brand new legislation had barred any particular person from occupying the workplace of president or governor for greater than eight years.
While saying the modification was not focused at Jonathan, Akirika stated that by contextual and neighborhood studying of sections 135 and 137 of the Constitution, the brand new legislation wouldn't bar the previous president from contesting any presidential election if he chooses to as a result of he didn't swear beneath the amended Constitution as president of Nigeria.
He stated, “Under Section 137(1b) An individual shall not be certified for election to the workplace of President if he has been elected to such workplace at any two earlier elections.
He requested, “Would you say Jonathan has been elected to the office of president in two previous elections?”
The lawyer added, “Inasmuch as I don’t assume Jonathan is harbouring any intention to contest for Nigerian president now or in future, I don’t assume the amended Constitution can cease him if he chooses to run, as a result of he was not sworn in as president of Nigeria beneath the amended Constitution.
“Law does not act in retrospection.”