Despite the fact that the former president has yet to proclaim his intention in running for president, there have been rumors that he may join the All Progressives Congress (APC) and run in the 2023 presidential election.
He has been approached by several support groups to run for president.
Last Thursday, the Nigerian Young Professionals in Diaspora (NYPD), a youth group, gave the former president a week to declare his presidential candidacy.
Finally, in response to pressure to announce, Jonathan declared last Friday that he couldn’t say whether or not he would run for president.
Falana reacted to the news by saying that Jonathan is unable to run for president under section 137(3) of the constitution.
“It has been confirmed that former President Goodluck Jonathan has decided to join the All Progressives Congress, APC, to contest the 2023 presidential election,” Falana said.
“However, the former President is disqualified from contesting the said election by 137 (3) of the Constitution of the Federal Republic of Nigeria, 1999 as amended which 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.
“Some people have said that the amendment is not retrospective and therefore cannot apply to Dr. Jonathan. Assuming without conceding that the amendment is not retrospective, it is submitted that under the current Constitution a President or Governor cannot spend more than 2 terms of 8 years. In other words, the Constitution will not allow anyone to be in office for more than a cumulative period of 8 years.
“It is not in dispute that Dr. Jonathan became the President of Nigeria in 2010 following the sudden death of President Umoru Yaradua. He later contested and won the 2011 presidential election. Having spent 5 years in office as President, Dr. Jonathan is disqualified from contesting the 2023 presidential election.
“The reason is that if he wins the election, he will spend an additional term of 4 years. It means that he would spend a cumulative period of 9 years as President of Nigeria in utter breach of Section 137 of the Constitution which provides for a maximum two terms of 8 years.”