A lot of people have called on former president Goodluck Jonathan to contest the position of the president of the Federal Republic of Nigeria come 2023. This is not unconnected with the hardship, increase in insecurity that the citizens are facing in the administration of president Mohammadu Buhari

Former President Goodluck Jonathan was voted out of office in 2015 for among other issues, not able to maintain the security of the country. President Mohammadu Buhari was voted in on the mantra of change as he seemed then to be the only messiah that can salvage the nation from decay and insecurity.

However, reality has dawn on a lot of people as there seems to be an upsurge in insecurity, suffering and violation of fundamental human rights. It seems as if there was a transition from frying pan to fire. The masses are at a fix. It is sequel to this that a lot of people have come out to publicly apologies to the former president Goodluck Jonathan. Some others have called on him to come and salvage the country by vying for the position of the president once again.

This article aims at examining the possibility of former president Goodluck Jonathan vying for such position come 2023 or any other elective year.

While every citizen of Nigeria has the right to vote and be voted for, however, such rights have some constitutional limitation and such rights must be exercised within such limitations placed by the law.

It is no news that former president Goodluck Jonathan who was then the vice president, took over the hem of affairs of this country in 2010 after the erstwhile former president Umaru Musa Yar’addua of blessed memory passed on while in office. After he completed the tenure of late Yar’addua, he contested for the position of the president in 2011 and won. He however, lost when he sought reelection in 2015.

Former president Goodluck Jonathan’s reelection bid in 2015 came with a lot of controversies. One of them was that some people in the north are of the opinion that late Yar’addua did not complete his tenure and therefore, there was a need for power to return to the north as former president Obasanjo spent his 8 years uninterrupted. Of much importance to us is the fact that some people felt that president Goodluck Jonathan should not contest as he had completed part of the tenure of late Yar’addua of blessed memory.

Since there was no constitutional provision to that effect, no one could challenge former president Goodluck Jonathan’s reelection bid. However, when he lost in 2015, the National Assembly thought it wise that it was necessary to address this issue so as to avoid future controversies.

In other to achieve that, a bill was sponsored by the Senate to amend the Constitution. The bill was passed by the Senate on the 26th July 2017 and the House of Representative gave its concurrence on the 3rd of October 2017. President Mohammadu Buhari assented to it on the 11th of June 2018. The Act is called the Constitution of the Federal Republic of Nigeria, 1999 (fourth alteration, No. 16) Act, 2017.

The act altered section 137 of the Constitution by inserting after subsection (2), a new subsection (3). The new section 137(3) of the 1999 constitution, provides as follows:

(3) 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.

Similarly, section 182 of the Constitution was also altered by inserting after subsection (2), a new subsection (3). The new section 182(3) provides thus:

(3) a person who was sworn-in as governor to complete the term for which another person was elected as governor shall not be elected to such office for more than a single term.

From the above provisions of the constitution, it is evident that a person who was sworn in as president or governor to complete the tenure of another, can only occupy that office for a single term and no more. Even if such a person is sworn in for a month, a week or even a day, such a person is only eligible for reelection for a single term. However, the same cannot be said of the position of the Vice President or the Deputy Governor as there is no provision in this respect as regards them.

Base on the fourth alteration (no. 16) to the Constitution, former president Goodluck Jonathan cannot contest for the position of president of Nigeria come 2023 or any other election year except this provision is amended.

It is elementary to reemphasis at this point the fact that the constitution is supreme and its provisions has binding force on authorities and persons throughout the Federal Republic of Nigeria. All other laws derive their lives from the constitution and any law which is inconsistent with the provisions of the constitution shall be void to the extend of its inconsistency (see section 1 of the Constitution of the Federal Republic of Nigeria 1999).

While I wish former president Goodluck Jonathan the best in his present and future endeavors, I pray that God will give us leaders with the zeal to move Nigeria forward and salvage it from its present predicament.

God bless Nigeria!

Wukatwe Charles Wakji Esq. specializes in Bill Drafting, Bill Scrutiny and Analysis and Post- Legislative Scrutiny.