Charles Enya, a member of the All
Progressives Congress (APC) in Ebonyi state, 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.
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