From Godwin Tsa, Abuja.
Chairman of the Body of Benchers (BoB), Wole Olanipekun, has described the call by Robert Clarke on President Muhammdu Buhari to extend his tenure on account of the nation’s security challenge as unconstitutional, immoral and threat to the nation’s democracy.
He argued, in a statement, yesterday, in Abuja that no provision in the constitution supports Clarke’s proposition, noting that the only situation where election could be shifted is when the nation is at war with a foreign country as provided in Section 135(3).
The former president of the Nigeria Bar Association (NBA) contended that the current security challenge could not be equated with war envisaged under Section 135(3) of the constitution and urged President Buhari to resist every temptation to stay in power at the expiration of his tenure.
“I am afraid, I cannot agree with the postulations and prognosis of my learned friend of the Inner Bar (Clarke) as, same, with much respect to him, are not constitutional, legal, legitimate, moral, democratic, acceptable, reasonable, or in the best interest of Nigeria and Nigerians.
“To President Buhari, my honest, friendly, professional and civic advice is that he should treat this advice or any invitation to him to extend his tenure by a millisecond beyond May 29, 2023, with a pinch of salt. It is in our collective interest if this proposition is nipped in the bud.
“In parenthesis, the president does not have the power to extend his tenure; no president has that power or vires to so do.
“The tenure was given to him by Nigerians and, as at the time of donating that tenure to him, the covenant between the donors and the donees was that in the first instance, it was for a term certain of four years; and upon renewal in 2019, it was for an extended term certain of four years; no more, no less.
“If, for example, as rightly surmised by Clarke, that Obasanjo did a ‘negative act’ by seeking a third term in office, wanting to goad the National Assembly into rubber stamping his unconstitutional bid, why then is Clarke prompting Buhari to follow the same illegal and undemocratic route?
“To my mind, this is a suggestion akin to advising Buhari to embark on a third term bid or adventure like Obasanjo, who Clarke pointed out as having done a ‘negative act.”
The presidency, in a statement by Garba Shehu, noted that Clarke maybe sincere in his wish, but Buhari would step down on May 29, 2023, after serving two terms.