A member of the All Progressives Congress (APC) in Ebonyi state, Charles Enya has gone to court to ask an amendment of the Nigerian constitution.
Enya is seeking the amendment of the constitution to allow President Muhammadu Buhari to seek a third term.
Daily Trust reports that the APC members approached a federal high court in Abakiliki, the state capital in a suit number FHC/AI/CS/90/19.
Enya served as organizing secretary to Buhari during the 2019 general election.
The politician says the two-term tenure for politicians, particularly the Presidents and governors was discriminatory.
The suit is compelling the attorney-general of the federation and the minister of justice, and the national assembly to remove the constitutional clause stopping politicians from seeking the third term in office.
The defendants are the clerk of the national assembly Mohammed Sani-Omolori; the national assembly; and Malami.
The section in the constitution in which Enya is challenging is 137 (1)(b) of the constitution (as amended) states 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”.
Enya’s suit is seeking the expungement of both sections, paving way for governors and Presidents to be Presidents for life if they so wished.
The APC politician is seeking that “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).”
President Buhari had a few days ago dismissed the speculation that he would be interested in a third term.
He said he has sworn the holy book to rule for two terms, adding that seeking a third term would be a mistake.
“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.
A Human rights lawyer, Femi Falana, SAN had earlier raised the alarm that the President was making plans to seek the third term.
Falana claimed that the attack on the media and dissident voices in the country was to muscle opposition into the submission.