Falana Gives Reasons Former President Jonathan Can’t Contest 2023 Presidential Election

If the position of Chief Femi Falana regarding the constitutional provision on election is anything to go by, it will be a great decision for former president Goodluck Ebele Jonathan to step down his move over the forthcoming presidential election.

Jonathan has been hitting the major newspapers headlines for his alleged plans to defect to the All Progressive Congress and contest for 2023.

The latest development was the protest staged by a group on Monday at the former president house in Abuja where the group was calling on him to declare his intention to run for president.

Speaking on Channels TV on Thursday on the position of law in relation to the matter, Femi Falana argued that president Jonathan cannot contest for 2023 presidency.

According to him, any person who had been sworn-in two times cannot be sworn-in again for the third time.

He explained that Jonathan was sworn-in to complete the tenure of late president Umar Musa Yaradua in 2010.

He contested in 2011 and won the election. This enabled him to be sworn-in for second term as president. 

Falana also pointed out that Jonathan had already done six years in government and if he contested again and won, he will spend a cumulative 10 years as president in contrast to the eight years mandated by the constitution.

Falana cited the section 137 (3) of the Nigerian constitution that stated that a president or governor can only stay in office for a maximum of eight years or less. But he or she cannot stay more than that.

According to Falana, if Jonathan goes ahead to contest the election and wins, he will be putting his party under the risk of losing the presidency because other party will go to challenge the validity of his candidature at the supereme court.

And the possibility of losing the case is relatively high.Hence, Falana posited that it will be advisable for Jonathan to stay clear of the 2023 presidential election to avoid legal fireworks.