Ahead of the 2015 general elections, over 20 senior advocates of
Nigeria (SANs) have concluded plans to drag President Goodluck Jonathan to
court and seek relevant legal interpretation over his legibility to contest in
the presidential race.
The action of the SANs is part of a security report to be presented to
Jonathan this week, said a security source, who pleaded anonymity because he
was not authorised to speak on the matter.
He said, “Over 20 SANs are set to take the president to court. The
president will be briefed on this development this week. We hope the president
will act quickly on the report.”
It had been reported that some powerful politicians and groups in the
country have assembled a team of lawyers to challenge him whenever he declares
his intention to take a shot at the nation’s No. 1 job.
The constitution provides that a president can only serve two terms,
and opposition to Jonathan’s re-election ambition argue that he has served
already.
Checks by LEADERSHIP further show that some top politicians are waiting
for the president to declare to enable them embark on the legal battle, as any
move in that direction now would amount to a wild goose chase.
Consequently, Jonathan is reportedly having serious thoughts over his
2015 re-election ambition because of the constitutional obstacles in his way.
Lawyers across the country have also started debating the issue.
The source, who spoke on condition of anonymity, said: “There are two
constitutional provisions that are in question. The first is section 135 (1)
and (2) of the Constitution of the Federal Republic of Nigeria, 1999, which
states that no president can take the oath of office of the president of
Nigeria more than twice.
“You will recall that on May 6, 2010, President Jonathan was sworn in
by Justice Aloysius Katsina-Alu as the fifth president of Nigeria after the
death of then president Umaru Musa Yar’Adua. Upon winning the presidential
election in 2011, he was again sworn in and took the oath of office as the
sixth president of the Federal Republic of Nigeria. This means he has been
sworn in twice already, not as acting president but with full powers as
commander-in-chief.”
The contentious Section 135 (1) & (2) of the Constitution provide
thus:
“(1) Subject to the provisions of this Constitution, a person shall
hold the office of President until – (a) his successor in office takes the oath
of office; (b) he dies whilst holding such office; or (c) the date when his
resignation from office takes effect; or (d) he otherwise ceases to hold office
in accordance with the provisions of this Constitution. (2) Subject to the
provisions of subsection (1) of this section, the President shall vacate his
office at the expiration of a period of four years commencing from the date,
when – (a) in the case of a person first elected as President under this
Constitution, he took the Oath of Allegiance and the Oath of office; and (b) in
any case, the person last elected to that office under this Constitution took
the Oath of Allegiance and the Oath of office but, for his death, has taken
such oaths”.
The source also revealed that the president, who is getting ready to
declare anytime soon, is consulting with stakeholders across the country and
beyond on his elegibility in the 2015 presidential election.
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