fergie001:

I don't think so.
I don't know where people get the perception of not taking oath more than twice. Geidam took his oath of office thrice.

The Constitution in 137(1)b:
A person shall not be qualified for election to the office of President if he has been ELECTED to such office at any two previous elections;

Was Jonathan elected President in 2010? He only became President by virtue of S146(1) & not by Election. The word is "hold the office". Be that as it may, with the new Act, the law is not retrospective, and must be seen as true, just and fair.

. The SC has not vacated its judgement on this matter in Ladoja vrs INEC 2008 referenced by FF . I think with the new act in motion since 2018 and precedence of the SC GJ is technically disqualified ftom having a rellection bid

ejimatic:
. The SC has not vacatec it's judgement on this matter in Ladoja vrs INEC 2008 referenced by FF . I think with the new act in motion since 2018 and precedence of the SC GJ is technically disqualified ftom having a reflection bid

Ladoja was elected Gov, he took his oath of Office, and was impeached. When the impeachment was quashed, he intended to take another Oath for his fresh term to commence then and the SC said NO.

You can only take an Oath twice when elected. Jonathan only took his Oath of Office once as an elected President of the FRN. The law of 2018 is in effect but not retrospective.

fergie001:

Ladoja was elected Gov, he took his oath of Office, and was impeached. When the impeachment was quashed, he intended to take another Oath for his fresh term to commence then and the SC said NO.

You can only take an Oath twice when elected. Jonathan only took his Oath of Office once as an elected President of the FRN. The law of 2018 is in effect but not retrospective.

. The principle of joint ticket applies to GJ and Yarhadua .Both elected as the P and VP respectively. If the P dies the VP becomes the president. He took the oath of office as elected president on the basis of joint ticket.In the opinion of the SC oath of office is in effect whether you are the President or you become president in case of emergency. Additionally minimum of 8 years is allowed to rule as the president not 9 years.What is your take on this?

SamPeeLamen:
Interesting. GEJ isn't contesting anyways. Everybody should save their sermon

May be he's aware

ejimatic:
. The principle of joint ticket applies to GJ and Yarhadua .Both elected as the P and VP respectively. If the P dies the VP becomes the president. He took the oath of office as elected president on the basis of joint ticket.In the opinion of the SC oath of office is in effect whether you are the President or you become president in case of emergency. Additionally minimum of 8 years is allowed to rule as the president not 9 years.What is your take on this?

Supreme Court Judgements have distinguished these facts. When a President dies, his Deputy takes over without that term counted for him..pre-2018.

litigator:


I won’t join words with you. I simply asked that you speak on the provision of the constitution that he is not allowed to take Oath of office more than twice.

But then let me ask;

“if the law was amended to the effect that only a PhD holder can contest for the position of the President in 2019, will you say that because you contested with your OND certificate in 2015 before the law was enacted, you are, therefore , qualified to run for the office of the President in 2023?”

Your answer will determine my next response.

I like your question. Let us expand it further. If the NASS makes a law today that "no one shall be the President of Nigeria except a PhD holder". Buhari vetoes it and NASS overrides his veto with two-thirds, is Buhari automatically out of office?"
While you contested in 2015 with your OND, your "contest" ended at the point of the conclusion of the election. So, a fresh contest requires the fresh rules be followed. Same with GEJ. His presidency and the rules guiding it ended at the point of his exit from office. So a fresh contest requires the fresh rules be followed. If it were not so, he would not even be eligible to contest in 2015 and the 2018 amendment will not be needed.

It is thus simple. You contested with your OND in 2015. If you won, you must complete the term and enjoy all the benefits of that victory that existed while in office in 2015, including the right to contest again but this time, without your OND. If you lost however, your journey is ended and you must begin one afresh with any new rules that might have come in place then.

Agbegbaorogboye:

I like your question. Let us expand it further. If the NASS makes a law today that "no one shall be the President of Nigeria except a PhD holder". Buhari vetoes it and NASS overrides his veto with two-thirds, is Buhari automatically out of office?"
While you contested in 2015 with your OND, your "contest" ended at the point of the conclusion of the election. So, a fresh contest requires the fresh rules be followed. Same with GEJ. His presidency and the rules guiding it ended at the point of his exit from office. So a fresh contest requires the fresh rules be followed. If it were not so, he would not even be eligible to contest in 2015 and the 2018 amendment will not be needed.

It is thus simple. You contested with your OND in 2015. If you won, you must complete the term and enjoy all the benefits of that victory that existed while in office in 2015, including the right to contest again but this time, without your OND. If you lost however, your journey is ended and you must begin one afresh with any new rules that might have come in place then.

So we both agree that GEJ is bound by the 4th alteration No.16, correct?

litigator:



So we both agree that GEJ is bound by the 4th alteration No.16, correct?

Absolutely No!! He isn't because his first term (completion of Yaradua) and second term (substantively elected President) occurred under the old rule. They cannot be counted against him in the new rule.

Moferere:
Believe Falana at your peril. Jonathan case is exceptional

Why? Is he not bound to obey the constitution?

Btw, it is better for APC to avoid the legal trap and/or risk. It's a gamble not even worth it. It's not as if Jonathan will win the elections anyway.

Agbegbaorogboye:


Absolutely No!! He isn't because his first term (completion of Yaradua) and second term (substantively elected President) occurred under the old rule. They cannot be counted against him in the new rule.

How then do you cure the mischief that provides to the effect that he cannot take Oath of office more than twice?

gaby:
Abeg....make we hear word jare

That's a dumb response tho. Bring up points to counter if you have.

litigator:


How then do you cure the mischief that provides to the effect that he cannot take Oath of office more than twice?

It's mischief and it has no bearing whatsoever

Agbegbaorogboye:


It's mischief and it has no bearing whatsoever

I take it you are not a legal expert. You should read heydons’ case about the ladies diary.

litigator:


I take it you are not a legal expert. You should read heydons’ case about the ladies diary.

What does that have to do with this?

fergie001:

Supreme Court Judgements have distinguished these facts. When a President dies, his Deputy takes over without that term counted for him..pre-2018.

. Before 2018 GJ could contest against especially with with SC ruling that he could contest again because he finished Yaradua tenure in his first term of office but as from 2018 I don't believe he is still qualified to recontest as the president. I strongly believe Section 137 is both retroactive and prospective. If he comes out to contest in 2023 there will be a lot of court cases until the SC clarifies section 137 of the new Electoral Act

ejimatic:
. Before 2018 GJ could contest against especially with with SC ruling that he could contest again because he finished Yaradua tenure in his first term of office but as from 2018 I don't believe he is still qualified to recontest as the president. I strongly believe Section 137 is both retroactive and prospective. If he comes out to contest in 2023 there will be a lot of court cases until the SC clarifies section 137 of the new Electoral Act

The law cannot be retrospective and prospective at the same time. It can only be one. The natural course of law is that it is prospective excepting in situations where the legislators intend so (have explained that earlier) or it is procedural (which is dissimilar to this case).

This sessions of the constitution was not in place in 2015 when he contested?

kayperry:




We don't need leader that is more successful than the state he managed, and i believe you agree it takes a selfless leader to build a nation

you're right. Who do you deem fit to build this nation?

[s]

Tinubuadvocate:
He didn't even qualify under our great party I dont know other party anyway.

[/s]

sapele914:
Elementary law, common sense logic, abi Dr Geo you no finish secondary school?

You are a comedian. Reality will dawn on you soon.