Muhammadu Buhari
A Nigerian man has asked a court in Ebonyi state to allow President Muhammadu Buhari and governors to run for a third term.A member of the All Progressives Congress (APC) in Ebonyi state,
Hon. Charles Oko Enya, has beseeched a Federal High Court in Abakiliki,
Ebonyi state, to direct the National Assembly and the Attorney-General
of the Federation and minister of Justice, Abubakar Malami, to remove
constitutional clauses hindering elected President and state governors
from seeking a third term in office, Daily Trust has reported.
The APC member made his intentions known In his suit with No:
FHC/AI/CS/90/19, which was filed at the court last Wednesday and made
available to Daily Trust by his counsel, Barr. Iheanacho Agboti, the APC
member is seeking for possible expungement of section 137(1) (b) and
182 (1) (b) in the 1999 constitution (as amended).
He insisted that the sections were infringement on the fundamental
human rights of the likes of President Muhammadu Buhari and all state
governors excluding the legislators. Hon. Enya explained that the
ongoing two-term tenure is discriminatory to section 42(1)(a) and
articles 2 and 3 of the African Charter on Human and Peoples rights.
The defendants in the suit were the Clerk of the National Assembly,
Mr Mohammed Sani-Omolori, the National Assembly and the Attorney
General of the Federation, Abubakar Malami. Our reporter recalled that
the applicant, (Hon. Enya), had served as the organising Secretary to
President Buhari in the last 2019 polls.
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”. Enya, who is earnestly awaiting the hearing
of the matter soon, says he’s seeking the order of the court to direct
the first and second defendants to delete and expunge sections 137(1)(b)
and 182(1)(b) of the 1999 Constitution (as amended). He also tasked the
third defendant as the Chief Law Officer of the federation to give the
needed support to the first and second defendants to commence a
constitutional amendment that would remove the restrictions and the
alleged discrimatory sections on tenure limits.
He added that he is seeking “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).
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