A chieftain of the All Progressives Congress (APC) in Ebonyi State, Charles Oko Enya, has approached a Federal High Court, Abakiliki, Ebonyi State, asking it to create room for third term for the president and governors, even as President Muhammadu Buhari had said he has no plans to stay longer than May 29, 2023.
Enya is asking the court to compel the National Assembly to immediate effect a constitutional amendment to alter or totally expunge section 137(1) (b) and 182 (1) (b) of the 1999 constitution (as amended).
Sections 137(1) (b) and 182(1) (b) of the 1999 Constitution as amended stipulated only two tenures of four years each for the office of the President of Nigeria and the office of governors of states.
In his petition, Enya insisted that the sections were infringement on the fundamental human rights of President Muhammadu Buhari and the state governors.
He said the occupants of the office of the President and the offices of governors of states should be allowed by the constitution to seek the offices as many times as they can just like the national and state assembly members.
He explained that the ongoing policy is discriminatory to section 42(1)(a) and articles 2 and 3 of the African Charter on Human and Peoples rights.
The suit with No. FHC/AI/CS/90/19 which was filed last Wednesday in Abakaliki by his counsel, Iheanacho Agboti.
The three defendants are the Clerk of the National Assembly, Mr Mohamed Sani-Omolori, National Assembly and the Attorney General of the Federation, Justice Abubakar Malami.
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 awaiting the hearing of the matter perhaps in 14 days from now, also further sought 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 Constitution (as amended).
He also tasked the third defendant as the Chief Law Officer of the federal government to give the needed support to the first and second defendants to commerce a constitutional amendment that would remove the restrictions and the alleged discriminatory sections on tenure limits.
“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).
