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.

PrinceOfLagos:
Nonsense

Thrash from Tinubu slaves

Jonathan still got time to decamp and declare

Malory:
It doesn't hold water. He is eligible more than Tinubu

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

buckeyemedia:
Pdp Ipobian, please what law bans Tinubu.

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

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

fergie001:

N

Sammy07:


We await the modification

buckeyemedia:
Pdp Ipobian, please what law bans Tinubu.

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.

buckeyemedia:
Historic Mumurist.

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.

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?

PrinceOfLagos:
Nonsense

Thrash from Tinubu slaves

Jonathan still got time to decamp and declare

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/

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

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.

fergie001:

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

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.