Overzealous APC Member Asks Court To Allow Buhari Go For Third Term

Charles Enya, an overzealous member of the All Progressives Congress (APC), in a move seen by many as sycophantic, has filed a suit, seeking the amendment of the constitution to allow President Muhammadu Buhari get another term in office.

Mr. Enya from Ebonyi State, 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, Daily Trust reports.

He argued that the two-term tenure limit for presidents and governors as “discriminatory,” asking Abubakar Malami, attorney-general of the federation and minister of justice, as well as the national assembly, to remove constitutional clauses barring elected presidents and governors from seeking a third term in office.

The defendants in the suit are 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”.

But the APC member avers “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, at the national executive council meeting of his party earlier in the week, Buhari dismissed reports that he is interested in a third term.

The president said, “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.”