By Muhammad Mamman
The long-running debate over former President Goodluck Jonathan’s eligibility to contest the 2027 presidential election has taken a dramatic turn after a Federal High Court ruled that nothing in law bars him from seeking office again.
Critics have long argued that Section 137(3) of the 1999 Constitution (as amended) prohibits anyone from being sworn in as President more than twice. They contend that Jonathan’s assumption of office in 2010 following the death of President Umaru Musa Yar’Adua, and his subsequent election in 2011, amounted to two separate terms. He later lost re-election in 2015.
However, Justice Isa H. Dashen of the Federal High Court, Yenagoa, dismissed this interpretation, ruling that the constitutional amendment which introduced Section 137(3) in 2018 cannot be applied retroactively. He affirmed Jonathan’s right to seek re-election, stating that the former leader has legally been “elected only once” as President.
The case, filed by two members of the All Progressives Congress (APC), had joined both the APC and the Independent National Electoral Commission (INEC) as defendants. Strikingly, neither party entered an appearance, leading the court to conclude that they had no objection to Jonathan’s position.
In his submissions, Jonathan argued that his first swearing-in in 2010 was not through election but rather to complete Yar’Adua’s unfinished tenure, and therefore could not count towards the constitutional limit. Justice Dashen agreed, citing previous appellate rulings and noting that the 2018 amendment could not strip Jonathan of a right that pre-dated it.
The verdict has reinvigorated speculation within the Peoples Democratic Party (PDP), where some leaders are reportedly urging Jonathan to fly the party’s flag in 2027.
With the court judgment now on his side, Jonathan has declared himself “unstoppable” – a statement certain to intensify political manoeuvring ahead of the next general election.
