The Chairman of the Body of Benchers (BoB), Chief Wole Olanipekun, (SAN), has described as unconstitutional, immoral and a threat to Nigerias democracy the call by Robert Clarke, (SAN), on President Muhammad Buhari to extend his tenure on account of the nations security challenge.
Olanipekun, who is the incumbent chairman of the highest body of law experts in the country (BoB), argued in a statement yesterday, in Abuja, that there is no constitutional provision that supports Clarkes proposition, noting that the only situation where the 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 in the country 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.
Olanipekun wondered why Clarke, who condemned ex-President Olusegun Obasanjos bid for a third term, would turn around to advise President Buhari to engage in direct breach of the Constitution and added that Buhari was not expected to deal with all the nations challenges before vacating office.
In his words, 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.
While it is glaring that Nigeria is bedevilled by a mountain of daunting challenges, including insecurity, this cannot be any justification for a call for PMB or any President, howsoever, to extend his tenure outside the constitutionally provided maximum period of eight years, as prescribed by the combined provisions of sections 135(2) and 137(1)(b) of the Constitution of the Federal Republic of Nigeria, 1999 (as amended).
The former President of the Nigeria Bar Association (NBA), contended that the current security challenge in the country 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.
Olanipekun wondered why Clarke, who condemned ex-President Olusegun Obasanjos bid for a third term, would turn around to advise President Buhari to engage in direct breach of the Constitution and added that Buhari was not expected to deal with all the nations challenges before vacating office.
