President Buhari Has Constitutional Right to Extend Tenure, Says Senior Lawyer

President Buhari Has Constitutional Right to Extend Tenure, Says Senior Lawyer

  • Again, another senior advocate of Nigeria as called for the cancellation of the 2023 general elections
  • Chief Robert Clarke says the growing insecurity challenges in the country does not provide a safe haven for electorate
  • He however stated that the time frame leading to 2023 polls was not enough to curb insecurity in the country

A senior advocate of Nigeria and elder statesman, Chief Robert Clarke has explained why President Muhammadu Buhari has the statutory right to extend his tenure in office.

Clarke made this claim on Monday, May 9 during an interview with ARISE Television monitored by DailyTrust newspaper.

President Muhammadu Buhari, Robert Clarke
Chief Robert Clarke says the incessant security challenge in the country is a threat to the 2023 general elections. Photo Credit: (PM News)
Source: Depositphotos

According to the British-Nigerian lawyer, he said the current state of insecurity in Nigeria was not a good atmosphere to conduct a general election.

He stated that there is a time constraint leading to the general election. He was of the opinion that the gap leading to the general election was too short to curb insecurity.

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As gathered by, Clarke in the interview called for a six months tenure of President Buhari’s tenure in other to afford him more time to tackle insecurity before the start of the elections.

Buhari’s tenure extension is constitutional – Chief Clarke

While shedding more light on why Buhari’s tenure should be extended, the elder statesman disclosed that the move is not illegal as it is backed by the statutory provisions of the law.

He argued that in a situation where the president feels the circumstances surrounding the build-up to the election are not safe, he has the constitutional right to evoke the clause that allows him to stay in office for another six months.

He said:

“The Constitution provides that the President can stay longer than eight years. I’ve always said it. It is in the Constitution. If the situation in which we’re in now continues, and it is impossible to vote in the 2023 election, the Constitution says if a situation persists, the President will write INEC in view of all insurgencies, in view of kidnappings, in view of Boko Haram, I don’t think in these different areas of Nigeria, we can have a good election.

“The Constitution says I am going to stay for six months and in the first instance. So, the fact that the Constitution says the president cannot stay for more than eight years is wrong. Because the same constitution says he can be giving himself six months if those conditions persist.”

Amid Insecurity, Afe Babalola calls for interim government, cancellation of 2023 polls

Similarly, it will be recalled that another senior lawyer, Afe Babalola had earlier suggested the cancellation of the 2023 general election based on the incessant insecurity challenges in the country.

The 92-year-old legal juggernaut stated that following the expiration of President Buhari’s tenure, an interim government should be instituted while the constitution should be reviewed.

He argued that the constitution contained some loopholes that needed to be fix and failure to do so will land Nigeria into economic recession and accumulated debt.

Babalola said:

“The same Constitution has made politics become not only very attractive but the only lucrative business in Nigeria today.

“What this means is that any election that holds under the present scenario will end up producing transactional and recycled leaders, with no ability to turn things around."

Buhari finally explains why insecurity will linger in Nigeria

In another development, Nigerians have been urged to ensure that they work with the federal government and the present administration to end the growing insecurity in the country.

This is because President Muhammadu Buhari has said that the criminal activities, banditry and insurgency will linger without collaboration from the people.

The president also said that his administration has done well in creating a conducive environment for the ease of business.

Nigeria's insecurity is beyond Buhari - Gov Ayade

Meanwhile, Governor Ben Ayade of Cross River state said Nigeria urgently needs international assistance to deal with its rising insecurity.

The Cross River governor on Thursday, April 28, noted that insecurity is way beyond a national and leadership issue.

Ayade said with the situation of things in the country, President Muhammadu Buhari's capacity cannot handle the problem.


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