TheCable

Any attempt to write a new constitution now could give President Goodluck Jonathan a third term in office through the backdoor, the Northern Delegates Forum to the National Conference has warned.

Jonathan was elected president in 2011 under the 1999 constitution (as amended) and is currently serving his first term in office.

By the provisions of the constitution, he can only serve a maximum of two terms.

However, if a new constitution is adopted and Jonathan is re-elected in 2015, it will count as a first term, following a landmark court judgement in 2003.

Justice George Oguntade of the Court of Appeal had declared that Abubakar Audu’s first tenure as governor of Kogi State in 1992-93 was under a different constitution and declared him eligible to seek two terms under the 1999 constitution.

Governors who benefited from this judgment, in addition to Audu, were Olusegun Osoba (Ogun), Bukar Abba Ibrahim (Yobe) and Rev. Jolly Nyame (Taraba).

They were all governors in 1992-93 and elected again in 1999. Osoba and Audu were, however, defeated in 2003.

Addressing a press briefing in Abuja on Tuesday, northern delegates, led by Alhaji Ibrahim Coomasie, said the introduction of a document referred to as “new constitution” to the national conference was a veiled attempt to give Jonathan an opportunity to run for three terms.

Also at the briefing were NDF co-chairman Gen. Jeremiah Useni, Gen. Jonathan Temlong, Prof. Andrew Haruna, Prof. Ibrahim Gambari, Dr Bashir Dalhatu, Dr Iyorchia Ayu, Alhaji Mohammed Kumalia, and AVM Mukhtar Muhammed.

Coomasie said: “Adopting a new constitution is calculated to enable incumbent elective office holders who are statute-barred from going for third term at both federal and state levels, to run for offices again under the guise of running under a new constitution.

“To all intent and purposes, the introduction of a ‘new Constitution 2014’ for Nigeria, is a calculated attempt by some people to take advantage of Court of Appeal’s ruling in 2003, as delivered by Justice George Adesola Oguntade, (JCA as he then was) in the celebrated case of Attorney-General of the Federation Vs. ANPP, and Others (A.G, Fed. v. A.N.P.P. [2003] 15 NWLR (Pt. 844).

“Wherein Governor Abubakar Audu of Kogi State (then) was challenged over his eligibility to run for a second term in 2003, having had a first term which ended in May 2003. The contention was that having been elected Kogi State Governor in 1991, his tenure 1991- 1993 should be regarded as a first term and the tenure 1999-2003 should have been regarded as second term.

“In that decision, the Court of Appeal upheld the eligibility of Governor Abubakar Audu of Kogi State, to stand for re-election as Governor, on the ground that his first tenure (1991-’93) was under a completely different Constitution (CFRN 1989), while the country was at the material time operating the 1999 Constitution, which was a new Constitution.

“Given the observation, adopting a new constitution is therefore calculated to enable incumbent elective office holders who are statured barred from going for third term at both federal and state levels, to run for offices again under the guise of running under a new constitution.

“If not arrested, the third term agenda, as in the past, is capable of plunging Nigeria into another circle of political chaos with potential of violence and anarchy.

“The first indication that there was going to be problem was on Monday 30th June, 2014, when a front page report in a national daily alleged that a member of the leadership of the conference had been lobbying members of the Northern Delegation to be able to smuggle in a ‘new constitution’ at the conference. A delegate drew the attention of the Conference to the publication under ‘matters of national importance: The integrity of the leadership of the conference and it was demanded that the leadership should make a categorical statement on the issue.

“The leadership claimed ignorance of the existence of any such document and demanded to see a copy of it. This was immediately made available, and after going through it, the conference chairman made the following statement as reflected in the Conference Hansard of Monday 30th June, 2014, on page 14: ‘We know nothing about the paper in circulation. We know nothing of the consideration of any Committee, we formed no Committee apart from the standing Committee we set up… We are not aware of that… We have nothing to do with it. That matter should be closed!’

“Ordinarily the matter of a ‘new constitution’ should have died a natural death. But that was not to be. The issue was brought over and over again in the course of plenary sessions, but each time it was overwhelmingly rejected by the delegates.

“And when attempts were made to bring in the issue of ‘referendum’, as a means of actualising the outcome of the conference, it was always strongly and painstakingly explained that the operating constitution does not have any provision for such a referendum. The only instance when a referendum can be held is in relation to the creation of new states or boundary adjustment, per the provision of Section 8 of the CFRN 1999 (as amended).

“You are aware, by now, of the surprise, shock and disappointment with which not only delegates to the conference, but many patriotic Nigerians, have reacted to news of the sudden appearance of a ‘New Draft Constitution 2014,’ among other documents distributed to delegates, when we resumed at plenary, last Monday, August, 11, 2014.

“We, Northern delegates…unequivocally disown (the new constitution), and emphatically disassociate ourselves from it. Accordingly, we will have nothing to do with it, for the following legal, moral and political reasons.”