A senior Nigerian lawyer, Mike Ozekhome (SAN) has declared that the constitution of the country does not in any way rule out former President Goodluck Jonathan from contesting the 2023 presidency.
Ozekhome added that those citing some constitutional reasons why Jonathan should not contest the 2023 presidential election are only being myopic and selfish, adding that they are only quoting one part and ignoring the other part.
In his view, such persons are afraid that the Bayelsa-born former President of Nigeria would defeat their own candidate hence their ploys to look for ways to disqualify him from the race.
The human rights lawyer argued that apart from the constitution, the case had once been taken to the Appeal Court level and the matter was settled in favour of Goodluck Jonathan.
This position was made known on Friday amidst speculations that Jonathan may defect to the All Progressives Congress (APC) and emerge as the party’s presidential candidate for the 2023 elections.
But Naija News recalls popular human rights lawyer, Femi Falana (SAN) declared on Wednesday that Jonathan cannot contest the 2023 presidential election based on section 137 (3) of the Constitution of the Federal Republic of Nigeria, 1999 (as amended).
But Ozekhome on Friday in what appears to be a response to his colleague’s position submitted that “It will be grossly unfair, unconstitutional, unconscionable and inequitable to deny Jonathan of the right to contest the 2023 presidential election when our extant laws and appellate court decisions permit him to.”
He based his argument on sections 141 of the Electoral Act, 2010, as amended, and section 285(13) of the fourth alteration to the 1999 constitution (as amended).
While urging those against the idea of a 2023 Jonathan presidency to stop misinterpreting the constitution, Ozekhome wondered if it won’t be belittling for Jonathan to subject his well-earned reputation to another round of elections.
“The truth of the matter is that the antagonists of Jonathan running in 2022, in their strange line of argument, are mainly relying on the above section 137(3),” Ozekhome said.
“They have probably not adverted 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 frontallly 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?
“It is clear that those deliberately misinterpreting the clear position of the law may be baying for Jonathan’s blood, possibly as a potential candidate who may subvert the chances of their preferred candidates.
“I do not view issues from such a narrow ad homine prism and blurred binoculars. It will be grossly unfair, unconstitutional, unconscionable and inequitable to deny Jonathan of the right to contest the 2023 presidential election when our extant laws and appellate court decisions permit him to.
“The question of whether Jonathan really needs to subject his glittering and internationally acclaimed reputation and credentials to the muddy waters of a fresh competition with persons, some of whom were his personal appointees as president, is another matter altogether.
“Only him, and not the present state of the laws in Nigeria, can answer that question and decide his own fate. But, as regards his eligibility to contest, Dr Goodluck Ebele Azikiwe Jonathan is pre-eminently constitutionally, morally and legally qualified to contest the 2023 presidential election.”
Naija News recalls Jonathan was Nigeria’s vice-president between 2007 and 2010. He became the President in May 2010 following the death of President Umaru Musa Yar’Adua and completed the latter’s tenure.
He contested and won the 2011 presidential election, but lost his second term bid in 2015 to President Muhammadu Buhari who contested as the candidate of the APC.
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