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Jonathan’s Eligibility: Ozekhome Faults Falana

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As pressure continues to mount on former President Goodluck Jonathan to contest the 2023 presidential election, two renowned lawyers in the country have sharply disagreed on his eligibility to run for the Presidency.
While human rights lawyer, Femi Falana (SAN) is of the opinion that Jonathan is legally hamstrung to contest for the highest position in the country, his colleague of other inner bar and an activist lawyer, Chief Mike Ozekhome (SAN), argued otherwise, insisting that the former President is eligible to return to Aso Rock.
Falana, in his submission on the subject matter argued that former President Goodluck Jonathan cannot contest in the 2023 presidential election.
While citing constitutional provisions barring the ex-President from seeking re-election, Falana said Jonathan, who was Nigerian President between 2010 and 2015, would breach constitutional term limits of two terms of eight years if he runs for the Presidency and wins again.
He recalled that Mr Jonathan became the President of Nigeria in 2010 following the sudden death of President Umaru Yar’Adua, and later contested and won the 2011 presidential election.
Mr Jonathan spent five years in office as President which would make it nine years in office if he contests and wins again, Mr Falana said.
“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 four years.
“It means that he would spend a cumulative period of nine years as President of Nigeria in utter breach of Section 137 of the Constitution which provides for a maximum of two terms of eight years,” Mr Falana said.
He further stated that by virtue of Section 137 (3) of the Nigerian Constitution, Mr Jonathan cannot seek a re-election to the office of the President having completed the tenure of the late President Yar’Adua and sworn in again for a full four-year term in 2011 upon winning the presidential election in his own name.
Section 137 (3) of the Constitution in reference reads: “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.”
But faulting this line of argument, Ozekhome said: “The truth of the matter is that the antagonists of Jonathan running in 2023, in their strange line of argument, are mainly relying on the above Section 137(3). They have probably not addressed their minds to Sections 141 of the Electoral Act, 2010, as amended, and Section 285(13) of the same Fourth Alteration to the 1999 Constitution, as amended, which they are relying on. More revealing is that these antagonists are probably not aware of an extant and subsisting Court of Appeal decision where Jonathan was frontally confronted and challenged before the 2015 presidential election, on the same ground of being ineligible to contest the said 2015 election, having allegedly been elected for two previous terms of office. The Section 137(3) being relied upon by the antagonists was signed into law in 2018, three years after Jonathan had left office. Can he be caught in its web retrospectively?
The case in question is CYriacus Njoku V Goodluck Ebele Jonathan (2015) Lpelr-244496 (CA). In that case, the Court of Appeal, Abuja Division, held that President Goodluck Jonathan had only taken the oath of office once and therefore upheld his eligibility to contest the then Nigeria’s presidential election slated for March 28, 2015.
The intermediate court held that the oath of office President Jonathan took in 2010 was merely to complete the “unexpired tenure” of late President Umar Yar’Adua, who died while in office as President.
The appeal had been brought before the court by one Cyriacus Njoku, who was challenging the ruling of the High Court of Federal Capital Territory, Abuja, which on March 1, 2013, had dismissed the suit he filed to stop President Jonathan from contesting the 2015 polls.
In a lead judgement delivered by Justice Abubakar Yahaya, the full panel of the court unanimously held that President Jonathan had only spent one term in office as President, going by the provisions of the 1999 Constitution.
President Jonathan had been empowered as acting President on February 9, 2010, following a motion for operation of the “doctrine of necessity” by the Senate, owing to the protracted stay of late President Umaru Yar’Adua in Saudi Arabia on medical grounds.
When President Yar’Adua eventually died on May 5, 2010, Jonathan was sworn in as president to serve the unexpired residue of office of Yar’Adua. Jonathan was later elected President in 2011 for the first time, on his own merit.
However, the court ruled that the oath that Jonathan took in 2010 was merely to complete the unexpired tenure of late Yar’Adua; adding that by virtue of Section 135 (2)(b) of the 1999 Constitution, Jonathan only took his first oath in May, 2011. The Court of Appeal further held that disqualification is through election, not oath taking.
is therefore clear that section 137(3) of the Fourth Alteration to the Constitution took effect from 11th June, 2018, when President Muhammadu Buhari assented to it. Section 137(3) is subject to section 318(4) of the 1999 Constitution which provides that, “the Interpretation Act shall apply for the purposes of interpreting (its) provisions”.
Section 137(3) is one piece of legislation that can be termed retrospective or retroactive legislation.
On retrospectivity of legislation, the apex court, coram Justice Kekere-Ekun, J.S.C, held in the case of SPDC V. ANARO & ORS (2015) LPELR-24750(SC) at (Pp. 64 paras. B), thus:
“There is a general presumption against retrospective legislation. It is presumed that the legislature does not intend injustice or absurdity. Courts therefore lean against giving certain statutes retrospective operation. Generally, statutes are construed as operating only in cases or on facts, which come into existence after the statutes were passed unless a retrospective effect is clearly intended. It was held inter alia, in: Ojokolobo Vs Alamu (1987) 3 NWLR (Pt.61) 377 @ 402 F-H that it is a fundamental rule of Nigerian law that no statute shall be construed to have a retrospective operation unless such a construction appears very clearly in the terms of the Act or Law; or arises by necessary and distinct implication. See also: Udoh Vs O.H.M.B. (1993) 7 NWLR (Pt.304) 39 @ 149 F – G; Adegbenro Vs Akintola (1963) All NLR 305 @ 308”

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PDP Crisis: Wike Accuses Makinde Of Betrayal, Instigating Party Members Against Him

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Amid the seemingly intractable crisis in the Peoples Democratic Party (PDP), the Minister of the Federal Capital Territory (FCT), Chief Nyesom Wike, has accused Oyo State Governor, Seyi Makinde, of betrayal, accusing the governor of instigating party members against him.
In a statement at the week-end, Chief Wike said the party had been enmeshed in a protracted crisis due to dishonesty and lack of trust amongst key stakeholders, with efforts to address issues and “enthrone fidelity to agreements” for the party’s progress.
“To this end, a meeting of the G5 was held in Lagos. In that meeting, I made it clear to the governor of Oyo State, HE Seyi Makinde, that he was the architect of our problems, pointing out to him that non-adherence to agreements reached was the bane of the party and that he was the chief culprit of this anomaly. At the end of the meeting, we resolved to bury the hatchet and make progress,” Chief Wike said.
The minister referenced an expanded meeting attended by the party’s key stakeholders, where he alleged that Governor Bala Mohammed of Bauchi State was serially reneging on agreements.
“At the end of the meeting, we came to some resolutions, including (a) That Senator Samuel Anyanwu remains the national secretary of the PDP in tandem with the Supreme Court judgment; (b) All legal matters relating to Rivers State must be withdrawn by the national legal adviser; (c) The suit on the state of emergency be withdrawn forthwith; and (d) Nobody should deviate from the agreements so reached,” he said.
Chief Wike claimed he was begged to attend the stakeholders’ meeting at the Bauchi Government Lodge, which led to the formation of the reconciliation committee headed by former Senate President Bukola Saraki.
Alleging the violation of agreements reached before the Saraki-headed committee was constituted, the minister accused Mr Makinde of conniving with Peter Mbah of Enugu State to orchestrate the meeting of South-East leaders to recommend that if Ude Okoye was not adopted as secretary, they would pull out of the PDP.
The former Rivers State governor said, “Again, Seyi Makinde organised some people in the national secretariat to insist that the deputy national secretary should act as national secretary, in violation of the agreement earlier reached. To attempt to give credence to this farce, a letter was written by the deputy national secretary, calling for a meeting of the NEC of the party.
“Furthermore, the letter confirming the candidacy of the governorship candidate of the party in the forthcoming governorship elections in Anambra State, duly signed by the national secretary, Senator Anyanwu and the acting national chairman, was portrayed as rejected by the party through a rebuttal letter signed by the national publicity secretary, acting on the orders of Seyi Makinde and Peter Mbah.”
Chief Wike said a well-publicised and properly attended zonal elective congress of the PDP slated to be held on May 24, 2025, was aborted because the party’s deputy national secretary signed the letter inviting INEC to the congress.
He added, “INEC refused to attend because the proper signatory recognised by law, that is, Senator Samuel Anyanwu, was not a signatory to the invitation notice.”
The minister described the development as provocative and annoying, stating the actions completely violated agreements.
Meanwhile, Chief Wike announced his withdrawal from all the agreements reached earlier and insisted on fighting until justice was served.

 

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He Is God’s Gift To Nigeria, Arthur Eze Says Ahead Tinubu’s Second Year In Office

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The Chief Executive Officer (CEO) of Atlas Oranto Petroleum, Chief Arthur Eze, has described President Bola Tinubu as “God’s gift to Nigeria,” commending his leadership style, reform-driven governance, and dedication to national unity.
In a statement over the weekend, the Special Adviser to the President, Information and Strategy, Mr Bayo Onanuga, said Chief Eze praised Tinubu in an upcoming State House documentary commemorating President Tinubu’s second anniversary in office.
Chief Eze noted that President Tinubu represents the bold, God-ordained leadership Nigeria requires at this critical juncture in its history.
“God doesn’t make mistakes. That man, Tinubu, was created for a purpose. God gave him the power to change lives.
“Tinubu has no enemies. He is a unifier. He speaks with humility and honesty; that’s why we admire him”, he said.
Drawing from his experiences during the Nigerian civil war and his strong ties to the south-east, Chief Eze said President Tinubu has shown unparalleled dedication to inclusivity and development in the region.
“What Tinubu has done for the Southeast, nobody else has. He gave us the Minister of Works, the Minister of Science and Technology, and the Southeast Development Commission. This is an opportunity for the Igbo to unite with the rest of Nigeria,” he said.
Commenting on the Renewed Hope Agenda, the business leader expressed confidence that President Tinubu has honoured his commitments.
He emphasised that the president assumed office during a period of economic fragility and political uncertainty but has displayed the wisdom and determination needed to guide the nation toward progress.
“God has given him the wisdom to change Nigeria for the good of the present and future generations,” Chief Eze said.
The Atlas Oranto CEO called on Nigerians to support the president in fostering stability, growth, and future prosperity.
“He’s not a man of division — whether Christian or Muslim, he respects all. All he asks is that we pray to God and work together,” he said.
Additionally, Eze prayed that “may God guide Nigeria and President Tinubu,” adding that “he gave him this power and will help him complete the job”.

 

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Electoral Reforms: Group Seeks Partnership, Collaboration With NUJ

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A civil society organisation, Kimpact Developmental Initiative (KDI), has briefed the national leadership of the Nigeria Union of Journalists (NUJ) on various initiatives it (KDI) has undertaken to engage critical stakeholders such as the National Assembly members with regard to the implementation of the much needed electoral reforms for the advancement of the democratisation process in the country.
The Programme Director of KDI, Sannom Sarki, accompanied by the Senior Programme Officer, Gbemisola Adebowale, said this when the National Democratic Institute of the United States and the KDI paid a courtesy visit to the National Secretariat of the NUJ in Abuja, recently.
Lady Sannom explained that KDI has been collating feedbacks from its engagements across the six geopolitical zones, part of which included a national survey of over 4,000 youths across the country that focused on the youths evaluation and assessments of key aspects of the country’s electoral processes which has the ultimate goal of promoting electoral reform and effective governance.
She solicited the support and collaboration of the NUJ in achieving these objectives, emphasising the importance of enhanced relationship between the two organisations.
According to the leaders of the NDI Nigeria and the KDI, Mr Bem Aga and Sannom Sarki, the visit was aimed at strengthening the existing collaborative relationship between their organisations and the NUJ, and to explore ways of discovering new frontiers, especially in the area of electoral reforms.
Mr Aga, Programmes Director of the NDI Nigeria, who led the delegation, expressed his organisation’s readiness to work closely with the Alhassan- led administration of the NUJ to achieve shared collective goals.
He also emphasised the importance of the mutual relationship between the NDI and the NUJ and stressed the need to further strengthen the partnership to achieve greater shared objectives.
Mr Aga also underscored the significance of the developmental initiatives being undertaken through its partnership with KDI which is aimed at orientating Nigerian youths towards participating actively in the democratic governance of the country.
In his response, the NUJ National President, Comrade Alhassan Yahya, who warmly welcomed the KDI and DNI delegations, pledged to work closely with the two organisations.
Comrade Yahya gave the assurance that NUJ would do all it could to fully collaborate with the NDI and the KDI, leveraging on the Union’s structures across the 36 States of the federation and the Federal Capital Territory.
Comrade Yahya also extended an invitation to the NDI and KDI to the upcoming National Executive Council (NEC) meeting of the Union for the purpose of making a presentation.
It is hoped that this successful visit will mark the beginning of a renewed partnership between the NUJ, NDI, and KDI. It is expected that the renewed collaboration will yield positive outcomes, particularly in the areas of governance, youth development, and robust media engagements.
The highpoints of the occasion included presentation of mobilisation materials and group photographs.

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