THE CONSTITUTIONAL IMPEDIMENT OF PRESIDENT JONATHANS 2015 RE-ELECTION AND ITS ATTENDANT CONSEQUENCES: BY ATABO M ABUBAKAR. President Goodluck Jonathan picked his PDP Nomination Form heralding his entry into the 2015 Presidential race.That action by the President will no doubt rekindle the teething arguments on his eligibility or otherwise to contest the election. Already three different legal actions have been instituted in different courts across the country challenging the Presidents eligibility. I will therefore be cautious not to be prejudicial by not discussing the issues lying before the Court but, I will epitomize and create a triangular relationship between three different Court cases already dispensed by Courts of competent jurisdiction in similar circumstances with the present situation and their implications to President Jonathans eligibility as follows: 1.BONI HARUNA VS INEC 2006: Former Adamawa State Governor Mr.Boni Haruna approached a Yola High Court in 2006 to determine his eligibility to contest the 2007 Governorship election of Adamawa State having spent Two Terms(1999-2007) He asserted that,the 1999 Governorship election was won by Atiku Abubakar as Governor with him as Deputy. He only became Governor because Atiku was elevated to Vice President by Obasanjo. Thus,in his argument, he said,he only spent Atikus Mandate of 1999-2003.He won his first election as a Governor in 2003,therefore,he should be allowed to contest in 2007 as his Second term. In its judgment, the Court told him that,the Atikus mandate he claimed to have spent in 1999-2003 was given to them jointly in 1999. That was why he was sworn in as a Governor on the elevation of Atiku as VP without going through fresh election. Thus,his first tenure as governor began in 1999 by virtue of that election,his elevation as Governor and above all his oath of office. The implication of the above judgment on President Jonathan is that, he was jointly given the Presidential mandate with YarAdua in 2007,that was why he was automatically elevated as President after the death of YarAdua without having to go for fresh election.Thus,his first term as President of Nigeria began in 2007. 2.PETER OBI VS ANAMBRA STATE HOUSE OF ASSEMBLY 2006.Governor Peter Obi of APGA was impeached by a PDP dominated Anambra State House of Assembly in 2006.His Deputy Mrs Etiaba was sworn in as a substantive Governor for the five months Mr.Obi was impeached. He went to court and the court reversed his impeachment and returned him to office.Part of his prayers before the Court that time was that, the days he was not in the Office as Governor be counted for him to as unspent.The Court said NO!,that,that period spent by his Deputy was as good as spent by him since they share the same mandate,thus,he cannot claim those days and unspent. The implication of this judgment on President Jonathan is that,he cannot claim the period between 2007 to 2010 as unspent by him as President since he only took over in 2010 because it was a joint ticket with President YarAdua.Thus,his first term as President began in 2007. 3.FIVE GOVERNORS VS INEC 2010: Five PDP Governors had their elections nullified after the 2007 general election. The Governors were Murtala Nyako(Adamawa) Emanuel Uduaghan (Delta) Liyel Imoke (Cross River) Aliyu Wammako (Sokoto) and Timepre Silva(Bayelsa). After the nullification of their elections, they all went back to the polls and won again.They jointly instituted a suit in 2010 at Abuja High Court with the prayers that the Court declare that their tenure started from the date they returned after the nullification of their election not in 2007 when the started the second tenure. In its judgment, the Supreme Court said NO!,that their tenure started in 2007 when they were re- elected for Second Term,because the Nigerian Constitution does not recognize staying in the Office beyond eight years of two terms for any Executive position of Governor or President. The Court also said that will amount to taking Oath of Office more than two time which is unconstitutional. The implication of this judgement on President Jonathan is that,he cannot go beyond 2018 as President even if he wins 2015 Presidential election,because the Constitution only recognizes eight years of two terms. it also does not recognize taking oath of office more than two times. THE RELATIONSHIP : The above cited cases parades a direct correlation and tangential relationship with the cases lying before the Courts against the eligibility or otherwise of President Jonathan.And if cited as authorities on either Point of Law or Point of Fact,they will surely add flavor to the cases and further lubricate a lead way to the dispensation of Justice.Only time and truth will tell. ATTENDANT CONSEQUENCES : Should President Jonathan scale all the huddles and win 2015 Presidential election in February 2015,there is likely hood that all the cases and many more instituted against him may go to the Supreme Court. The Supreme Court may disqualify him from taking Oath of Office (which will be his third time under the 1999 Constitution) This will plunge the country into grave constitutional crisis. In the event that the Supreme Court fail to disqualify President Jonathan,the Election Petition Tribunal may nullify his election and declare the first runner up in the election (which may likely be Gen.Buhari of the APC) winner of the 2015 Presidential election. However, if all that doesnt happen what do you think will happen?
Posted on: Sat, 01 Nov 2014 09:58:47 +0000