Akbakoba said: “At the time Former President Goodluck Jonathan was President, Section 137 (3) of the Constitution was not in existence.”
A Senior Advocate of Nigeria,, Olisa Agbakoba, on Wednesday insisted that former President Goodluck Jonathan is eligible to run for the Presidency again in 2023.
There have been divergent views on the eligibility of Jonathan to contest the 2023 presidential election on the ground that section 137(3 ) of the constitution forbids a Vice President from seeking a second term if he completed the time of his principal who dies in office.
But Agbakoba backed his claims with some sections of the constitution that allow a former President to run for the office again.
In a statement Agbakoba said: “The eligibility of Former President Goodluck Jonathan to run for the office of President has become a vexed issue. In reviewing whether he is eligible to run, I will consider strictly the legal issues. The moral and ethical questions are not for me to consider.
“The question of Jonathan’s eligibility is determined by section 137 (3) of the 1999 Constitution (as amended). The purpose of Section 137(3) of the Constitution is to resolve the dilemma of a Vice President who completes the tenure of a President who dies in office.
“Such a Vice President if he decides to run for the Office of President will be eligible for one term of 4 years only. Even though ordinarily he will be entitled to two terms of 8 years. The logic behind it is that if the Vice President fills the President’s void and runs for two terms, he is most likely to exceed the constitutionally prescribed maximum tenure of 8 years.
“But the question is whether Section 137 (3) of the Constitution applies to Former President Goodluck Jonathan. I don’t think it applies to him because at the time Former President Goodluck Jonathan was President, Section 137 (3) of the Constitution was not in existence and there is a rule that you cannot backdate laws. Former President Goodluck Jonathan is eligible to run for the office of President.”
There has been a clamour for Jonathan to join the 2023 Presidential race.
Recall that a northern governor using a herders an Almajiri as fronts, purchased N100 million APC nomination form for ex-President Goodluck Jonathan.
Jonathan appears to be considering the proposal but sources say he wanted it as the the consensus candidate of the APC.