There have been several news and activities going on this year regarding the 2023 general election. Some parties like APC and PDP have fixed the prices of their senatorial, Governorship, and presidential tickets. Some contestants have also declared to run for the office of the President.
There have been rumours that Ex-President Goodluck Johnathan wants to contest in the 2023 elections for the office of the president.
This article exposes us to two legal reasons why he can't run for the office.
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It is important to know that Ex-President Goodluck Johnathan was president since 2010 (when President Yar’adua died), and he contested and was sworn-in in 2011 till the end of his 1st term in 2015. He contested for a second term but lost to the incumbent president, Muhammadu Buhari.
Firstly, Section 137(3) of the 1999 Constitution of the Federal Republic of Nigeria (As Amended) states that:
"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.”
Since President Goodluck Johnathan had completed the term of President Yar’adua and was also elected to the office between 2011-2015, the provision of the Constitution disqualifies him from contesting in the 2023 elections.
You might think, "Why then did he contest again in the 2015 elections?" It is because the provision in section 137 mentioned above was previously non-existent, and had just been signed into law in the year 2018, in the Fourth Alteration No 16 Act 2017.
Also, section 137(b) of the 1999 Constitution of the Federal Republic of Nigeria (As Amended) provides that a person cannot be elected to be president twice–that is, he can't spend more than 8 years as President. President Goodluck Johnathan spent 5 years as the President of Nigeria. If he contested and won the election in 2023, he would be spending 9 years all together in office, which would go against the Constitution of Nigeria.