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Why Goodluck Jonathan Can No Longer Contest In 2023 - Politics - Nairaland

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Why Goodluck Jonathan Can No Longer Contest In 2023 by danladi02: 8:25pm On Apr 27, 2022
April 26, 2022

On the 26th July,2017, the Nigerian Senate passed a Bill to amend the Constitution.

The House of Representatives gave its concurrence to the same Bill on 3rd, October 2017.

And the President, Muhammadu Buhari, assented to it,on the 11th, June 2018 to make it an Act.

That Act is now referred to as the Constitution of the Federal Republic of Nigeria, 1999 ( 4th alteration, No.16) Act, of 2017.

This Act altered section 137 of the Nigerian Constitution by inserting a new sub section.. . .section 137 (3) of the 1999 Constitution.

It provides as follows:

× 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.

Therefore, Goodluck Jonathan, having been sworn-in to complete the tenure of President Yaradua, upon his death; and having been elected thereafter, for a period of 4yrs that ended in 2015, can no longer contest in 2023.

He is now Constitutionally barred.

So, all those who are calling on him, including those youths who purportedly stormed his office few days ago, to beckon on him to contest in 2023, are doing so in futility.

It appears that President Jonathan, and his handlers are unaware of this provision of the 1999 Constitution, as amended.

In my humble opinion, His Excellency, Good luck Ebele Jonathan is ineligible to contest.

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Re: Why Goodluck Jonathan Can No Longer Contest In 2023 by PrinceOfLagos: 8:26pm On Apr 27, 2022
Nonsense

Thrash from Tinubu slaves

Jonathan still got time to decamp and declare

2 Likes 2 Shares

Re: Why Goodluck Jonathan Can No Longer Contest In 2023 by aribisala0(m): 8:31pm On Apr 27, 2022
danladi02:
April 26, 2022

On the 26th July,2017, the Nigerian Senate passed a Bill to amend the Constitution.

The House of Representatives gave its concurrence to the same Bill on 3rd, October 2017.

And the President, Muhammadu Buhari, assented to it,on the 11th, June 2018 to make it an Act.

That Act is now referred to as the Constitution of the Federal Republic of Nigeria, 1999 ( 4th alteration, No.16) Act, of 2017.

This Act altered section 137 of the Nigerian Constitution by inserting a new sub section.. . .section 137 (3) of the 1999 Constitution.

It provides as follows:

× 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.

Therefore, Goodluck Jonathan, having been sworn-in to complete the tenure of President Yaradua, upon his death; and having been elected thereafter, for a period of 4yrs that ended in 2015, can no longer contest in 2023.

He is now Constitutionally barred.

So, all those who are calling on him, including those youths who purportedly stormed his office few days ago, to beckon on him to contest in 2023, are doing so in futility.

It appears that President Jonathan, and his handlers are unaware of this provision of the 1999 Constitution, as amended.

In my humble opinion, His Excellency, Good luck Ebele Jonathan is ineligible to contest.
Everything you have said was done EXCLUSIVELY by the Federal government

The Federal government ALONE cannot change the constitution and so doing is a nullity
Constitution cannot be changed by a bill of the National Assembly
Any constitutional change has to be passed by 24 state Houses of Assembly
Constitutional change does not require any input from the president and so his so called "assent" was superfluous.Whether he assents or does not it makes no difference

With regard to the nullity described above , the actual Bill passed was not retroactive and therefore Jonathan was exempted but even at that .The whole thing remains a nullity and does not affect anybody

2 Likes

Re: Why Goodluck Jonathan Can No Longer Contest In 2023 by Malory: 8:31pm On Apr 27, 2022
It doesn't hold water. He is eligible more than Tinubu

1 Like

Re: Why Goodluck Jonathan Can No Longer Contest In 2023 by buckeyemedia: 9:53pm On Apr 27, 2022
PrinceOfLagos:
Nonsense

Thrash from Tinubu slaves

Jonathan still got time to decamp and declare
Mumu.

3 Likes 1 Share

Re: Why Goodluck Jonathan Can No Longer Contest In 2023 by buckeyemedia: 9:54pm On Apr 27, 2022
Malory:
It doesn't hold water. He is eligible more than Tinubu
Pdp Ipobian, please what law bans Tinubu.

3 Likes

Re: Why Goodluck Jonathan Can No Longer Contest In 2023 by buckeyemedia: 9:57pm On Apr 27, 2022
aribisala0:
Everything you have said was done EXCLUSIVELY by the Federal government

The Federal government ALONE cannot change the constitution and so doing is a nullity
Constitution cannot be changed by a bill of the National Assembly
Any constitutional change has to be passed by 24 state Houses of Assembly
Constitutional change does not require any input from the president and so his so called "assent" was superfluous.Whether he assents or does not it makes no difference

With regard to the nullity described above , the actual Bill passed was not retroactive and therefore Jonathan was exempted but even at that .The whole thing remains a nullity and does not affect anybody
Historic Mumurist.

1 Like

Re: Why Goodluck Jonathan Can No Longer Contest In 2023 by Malory: 10:01pm On Apr 27, 2022
buckeyemedia:
Pdp Ipobian, please what law bans Tinubu.
As a former drug lord he is ineligible

1 Like

Re: Why Goodluck Jonathan Can No Longer Contest In 2023 by drmuchin: 10:43pm On Apr 27, 2022
TEACH THEM SOME MORE JURISPRUDENCE wink


aribisala0:
Everything you have said was done EXCLUSIVELY by the Federal government

The Federal government ALONE cannot change the constitution and so doing is a nullity
Constitution cannot be changed by a bill of the National Assembly
Any constitutional change has to be passed by 24 state Houses of Assembly
Constitutional change does not require any input from the president and so his so called "assent" was superfluous.Whether he assents or does not it makes no difference

With regard to the nullity described above , the actual Bill passed was not retroactive and therefore Jonathan was exempted but even at that .The whole thing remains a nullity and does not affect anybody

1 Like

Re: Why Goodluck Jonathan Can No Longer Contest In 2023 by fergie001: 11:06pm On Apr 27, 2022
aribisala0:
Everything you have said was done EXCLUSIVELY by the Federal government

The Federal government ALONE cannot change the constitution and so doing is a nullity.Constitution cannot be changed by a bill of the National Assembly.

Any constitutional change has to be passed by 24 state Houses of Assembly.

Constitutional change does not require any input from the president and so his so called "assent" was superfluous.Whether he assents or does not it makes no difference

With regard to the nullity described above , the actual Bill passed was not retroactive and therefore Jonathan was exempted but even at that .The whole thing remains a nullity and does not affect anybody

Firstly, the FG didn't change it alone. The 1st, 2nd & 3rd Alteration bills all took place under GEJ and they went through the rudiments of both houses passing it and sending to the 36 Houses of Assembly.

The 4th Alteration Bill (which touched on eligibility) signed by Buhari on June 04, 2018 also went through same process. The Senate and House of Reps handled 33 items, passed 17 and forwarded to the States, who passed 12 and same was forwarded to Buhari for his assent. Infact, the pre-election clause is one of the items on the 4th alteration.

Quite rightly as you said, it is a Constitutional provision and must go through all the rudiments which it did.


Secondly, this argument has taken different dimensions with differing views from different lawyers:

Former NBA President, Olisa Agbakoba SAN had gone to the Federal High Court, Lagos in 2010 to determine whether the President's assent should not be needed to make Constitutional Amendments a law. The Respondents were the National Assembly & AGF. At the time, the National Assembly weren't willing to forward same to then President Jonathan.

Justice Okechukwu Okeke of the FHC, Lagos ruled that any Constitutional Amendment without the President's assent is null and void. This judgement declared the 2010 Constitutional Amendment inchoate until assented by the President. It was slater forwarded to GEJ who signed in January 2011 as the 1st Alteration.

No judgement on appeal till date. The NBA at the time sided with the fact that the President's assent must be needed. That remains the law till date.
https://www.vanguardngr.com/2010/11/court-voids-2010-constitutional-amendments/amp/

Thirdly, I agree with you that the bill can only be prospective and will not affect former President Jonathan if he intends to contest.

The general principle of law is that the applicable law to an action is the law existing or the law that existed at the time the cause of action arose and not the law in force when the action was instituted.

The SC in Hope Democratic Party v Peter Obi (2011) per Onnoghen JSC at the time:

“… This is in accord with common sense as a law yet to be in existence cannot have effect on rights and/liabilities existing prior to its creation, commencement…”

The determinant will be whether this bill affects purely procedural law or a substantive law. I believe following Gusau v APC & Ors, it touches on the latter. Jonathan can run, if he intends to.
Re: Why Goodluck Jonathan Can No Longer Contest In 2023 by Sammy07: 11:10pm On Apr 27, 2022
fergie001:

N

We await the modification angry
Re: Why Goodluck Jonathan Can No Longer Contest In 2023 by Validated: 11:42pm On Apr 27, 2022
Op, you are partly correct, however, that law was not made in inretrospect, GEJ is not affected.

1 Like

Re: Why Goodluck Jonathan Can No Longer Contest In 2023 by aribisala0(m): 12:05am On Apr 28, 2022
Totally incorrect

A law is not the same thing as a constitutional change
The National assembly alone cannot change the constituton
Re: Why Goodluck Jonathan Can No Longer Contest In 2023 by fergie001: 12:24am On Apr 28, 2022
Sammy07:


We await the modification angry
I dozed off sef.
Re: Why Goodluck Jonathan Can No Longer Contest In 2023 by Malory: 6:11am On Apr 28, 2022
buckeyemedia:
Pdp Ipobian, please what law bans Tinubu.
Tinubu is a thief and under our laws a thief cannot hold public position

2 Likes 1 Share

Re: Why Goodluck Jonathan Can No Longer Contest In 2023 by seniorkachion(m): 6:43am On Apr 28, 2022
danladi02:
April 26, 2022

On the 26th July,2017, the Nigerian Senate passed a Bill to amend the Constitution.

The House of Representatives gave its concurrence to the same Bill on 3rd, October 2017.

And the President, Muhammadu Buhari, assented to it,on the 11th, June 2018 to make it an Act.

That Act is now referred to as the Constitution of the Federal Republic of Nigeria, 1999 ( 4th alteration, No.16) Act, of 2017.

This Act altered section 137 of the Nigerian Constitution by inserting a new sub section.. . .section 137 (3) of the 1999 Constitution.

It provides as follows:

× 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.

Therefore, Goodluck Jonathan, having been sworn-in to complete the tenure of President Yaradua, upon his death; and having been elected thereafter, for a period of 4yrs that ended in 2015, can no longer contest in 2023.

He is now Constitutionally barred.

So, all those who are calling on him, including those youths who purportedly stormed his office few days ago, to beckon on him to contest in 2023, are doing so in futility.

It appears that President Jonathan, and his handlers are unaware of this provision of the 1999 Constitution, as amended.

In my humble opinion, His Excellency, Good luck Ebele Jonathan is ineligible to contest.

Is constitution amendment retroactive?
Re: Why Goodluck Jonathan Can No Longer Contest In 2023 by Justiceleague1: 7:16am On Apr 28, 2022
buckeyemedia:
Historic Mumurist.
Ahhhh!!! Aribisala0 yaff suffa grin

3 Likes 1 Share

Re: Why Goodluck Jonathan Can No Longer Contest In 2023 by oshozondii: 8:20am On Apr 28, 2022
Gej, rest IJN.
Re: Why Goodluck Jonathan Can No Longer Contest In 2023 by Fidinno(m): 8:30am On Apr 28, 2022
f
Re: Why Goodluck Jonathan Can No Longer Contest In 2023 by aribisala0(m): 8:31am On Apr 28, 2022
fergie001:


Firstly, the FG didn't change it alone. The 1st, 2nd & 3rd Alteration bills all took place under GEJ and they went through the rudiments of both houses passing it and sending to the 36 Houses of Assembly.

The 4th Alteration Bill (which touched on eligibility) signed by Buhari on June 04, 2018 also went through same process. The Senate and House of Reps handled 33 items, passed 17 and forwarded to the States, who passed 12 and same was forwarded to Buhari for his assent. Infact, the pre-election clause is one of the items on the 4th alteration.

Quite rightly as you said, it is a Constitutional provision and must go through all the rudiments which it did.


Secondly, this argument has taken different dimensions with differing views from different lawyers:

Former NBA President, Olisa Agbakoba SAN had gone to the Federal High Court, Lagos in 2010 to determine whether the President's assent should not be needed to make Constitutional Amendments a law. The Respondents were the National Assembly & AGF. At the time, the National Assembly weren't willing to forward same to then President Jonathan.

Justice Okechukwu Okeke of the FHC, Lagos ruled that any Constitutional Amendment without the President's assent is null and void. This judgement declared the 2010 Constitutional Amendment inchoate until assented by the President. It was slater forwarded to GEJ who signed in January 2011 as the 1st Alteration.

No judgement on appeal till date. The NBA at the time sided with the fact that the President's assent must be needed. That remains the law till date.
https://www.vanguardngr.com/2010/11/court-voids-2010-constitutional-amendments/amp/

Thirdly, I agree with you that the bill can only be prospective and will not affect former President Jonathan if he intends to contest.

The general principle of law is that the applicable law to an action is the law existing or the law that existed at the time the cause of action arose and not the law in force when the action was instituted.

The SC in Hope Democratic Party v Peter Obi (2011) per Onnoghen JSC at the time:

“… This is in accord with common sense as a law yet to be in existence cannot have effect on rights and/liabilities existing prior to its creation, commencement…”

The determinant will be whether this bill affects purely procedural law or a substantive law. I believe following Gusau v APC & Ors, it touches on the latter. Jonathan can run, if he intends to.


You are giving an unnecessary lecture
Too many words contain too many lies
Keep it short

Two things
1.do you have any evidence to back up your claim that it went through the state houses of Assembly

2. .Do you have evidence for this Okechukwu judgment?
Re: Why Goodluck Jonathan Can No Longer Contest In 2023 by fergie001: 9:01am On Apr 28, 2022
aribisala0:
You are giving an unnecessary lecture. Too many words contain too many lies
Keep it short

Two things
1.do you have any evidence to back up your claim that it went through the state houses of Assembly

2. .Do you have evidence for this Okechukwu judgment?
I know you as someone who is petulant and never learns. Despite the (un)necessary lecture, you still couldn't do the simplest of things, by using the internet or opening the link there.

The illiterate of the 21st Century will not be those who cannot read and write but those who cannot learn, un-learn and re-learn.

You should be the only person on NL who doesn't know that Constitution Alteration bills pass through all the stages. I will help you, nonetheless.

1.https://www.proshareng.com/news/Fiscal%20Policy/Buhari-Signs-Bills-Granting-Financial-Au/40315

2. This link was part of what you quoted; open it. That's the Okechukwu judgement.
https://www.vanguardngr.com/2010/11/court-voids-2010-constitutional-amendments/amp/

1 Like

Re: Why Goodluck Jonathan Can No Longer Contest In 2023 by naija4life247: 9:03am On Apr 28, 2022
Idiots seem to have forgotten this. I was telling my wife this earlier today.
Re: Why Goodluck Jonathan Can No Longer Contest In 2023 by naija4life247: 9:05am On Apr 28, 2022
PrinceOfLagos:
Nonsense

Thrash from Tinubu slaves

Jonathan still got time to decamp and declare

You soon get hypertension on top Tinubu matter
Re: Why Goodluck Jonathan Can No Longer Contest In 2023 by aribisala0(m): 9:14am On Apr 28, 2022
fergie001:

I know you as someone who is petulant and never learns. Despite the (un)necessary lecture, you still couldn't do the simplest of things, by using google or opening the link there.

The illiterate of the 21st Century will not be those who cannot read and write but those who cannot learn, un-learn and re-learn.

You should be the only person on NL who doesn't know that Constitution Alteration bills pass through all the stages. I will help you, nonetheless.

1.https://www.proshareng.com/news/Fiscal%20Policy/Buhari-Signs-Bills-Granting-Financial-Au/40315

2. This link was part of what you quoted; open it. That's the Okechukwu judgement.
https://www.vanguardngr.com/2010/11/court-voids-2010-constitutional-amendments/amp/
You talk too much
There is no shame in not knowing and admitting because that provides an opportunity to learn
Do you have evidence that the bill which is the topic of this thread went through the 36 states. I did not ask about a Financial autonomy . Very specifically if you do not know say you don't. No need for unnecessary story
Thanks for the link to the Agbakoba Judgment that is something I did not know about and have learnt
Re: Why Goodluck Jonathan Can No Longer Contest In 2023 by fergie001: 9:19am On Apr 28, 2022
aribisala0:

You talk too much
There is no shame in not knowing and admitting because that provides an opportunity to learn
Do you have evidence that the bill which is the topic of this thread went through the 36 states. I did not ask about a Financial autonomy . Very specifically if you do not know say you don't. No need for unnecessary story
Thanks for the link to the Agbakoba Judgment that is something I did not know about and have learnt
This is to prevent a back-and-forth as you are doing now.
So, I wasn't telling lies? That's a first.

Re: Why Goodluck Jonathan Can No Longer Contest In 2023 by Peterosky(m): 10:02am On Apr 28, 2022
What a bombshell! This is what Patrick Obaiegbon will call a political higihaga. But as a matter of fact, a bill is meant to take effect from when it's assented to and not retrospective. So,GEF can still contest for presidency.
Re: Why Goodluck Jonathan Can No Longer Contest In 2023 by Ultimas: 10:54am On Apr 28, 2022
danladi02:
April 26, 2022

On the 26th July,2017, the Nigerian Senate passed a Bill to amend the Constitution.

The House of Representatives gave its concurrence to the same Bill on 3rd, October 2017.

And the President, Muhammadu Buhari, assented to it,on the 11th, June 2018 to make it an Act.

That Act is now referred to as the Constitution of the Federal Republic of Nigeria, 1999 ( 4th alteration, No.16) Act, of 2017.

This Act altered section 137 of the Nigerian Constitution by inserting a new sub section.. . .section 137 (3) of the 1999 Constitution.

It provides as follows:

× 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.

Therefore, Goodluck Jonathan, having been sworn-in to complete the tenure of President Yaradua, upon his death; and having been elected thereafter, for a period of 4yrs that ended in 2015, can no longer contest in 2023.

He is now Constitutionally barred.

So, all those who are calling on him, including those youths who purportedly stormed his office few days ago, to beckon on him to contest in 2023, are doing so in futility.

It appears that President Jonathan, and his handlers are unaware of this provision of the 1999 Constitution, as amended.

In my humble opinion, His Excellency, Good luck Ebele Jonathan is ineligible to contest.
Re: Why Goodluck Jonathan Can No Longer Contest In 2023 by aribisala0(m): 11:05am On Apr 28, 2022
fergie001:

This is to prevent a back-and-forth as you are doing now.
So, I wasn't telling lies? That's a first.


Give your ego a rest and stop taking everything personal
Who said anything about lies?
Do you have evidence that it passed the state houses of Assembly
Re: Why Goodluck Jonathan Can No Longer Contest In 2023 by OfoIgbo: 11:08am On Apr 28, 2022
Peterosky:
What a bombshell! This is what Patrick Obaiegbon will call a political higihaga. But as a matter of fact, a bill is meant to take effect from when it's assented to and not retrospective. So,GEF can still contest for presidency.

Thanks for lecturing these kids.

A lot of kids on this platform are totally oblivious as per the bolded.

GEJ is not affected by this at all. What he did, happened before before the law was enacted.

1 Like

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