A member of the All Progressives Congress (APC) in Ebonyi State,
Charles Enya, has filed a suit, seeking the amendment of the
constitution to allow President Muhammadu Buhari get another term in
office.
According to Daily Trust, Enya, who served as organising secretary to
Buhari during the 2019 general election, filed the suit
(FHC/AI/CS/90/19) before a federal high court in Abakiliki, the state
capital.
Enya described the two-term tenure limit for presidents and governors
as “discriminatory”.
He asked Abubakar Malami, attorney-general of the federation and
minister of justice, as well as the national assembly, to remove
constitutional clauses hindering elected presidents and governors from
seeking a third term in office.
The defendants in the suit include Mohammed Sani-Omolori, clerk of the
national assembly; the national assembly; and Malami.
Section 137 (1)(b) of the 1999 constitution (as amended) of the
Federal Republic of Nigeria, provides that “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”. While section
182 (1)(b) states that “no person shall be qualified for election to
the office of Governor of a State if he has been elected to such
office at any two previous elections”.
The APC member is seeking possible expungement of both sections.
According to him, “that section 137(1)(b) of the Constitution of the
Federal Republic of Nigeria,1999 (as amended) restricting the
president to only two terms of four years each, is inoperative by
virtue of its discriminatory nature in relation to the executive and
legislative branches of government in Nigeria, and therefore null and
void and thus inapplicable”.
He is seeking an “order of the court nullifying and setting aside
section 137(1)(b) and 182(1) (b) of the Constitution of the Federal
Republic of Nigeria, 1999 (as amended). And directing the first and
second defendants to delete and expunge sections 137(1)(b) and
182(1)(b) of the Constitution of the Federal Republic of Nigeria, (as
amended).”
Meanwhile, Buhari has dismissed reports that he is interested in a third term.
“I’m not going to make the mistake of attempting a third term. Besides
the age, I swore by the holy book that I would go by the constitution
and the constitution said two terms,” the president had said at the
national executive council meeting of his party earlier in the week.
