The political rumor mill is really buzzing ahead of the 2027 elections. One of the big questions is: Would former President Goodluck Ebele Jonathan be legally eligible to run for Nigeria’s presidency in the upcoming 2027 election? Let’s unpack the legal facts and positions, review pertinent constitutional provisions on this matter, and explore key judicial interpretations.
The Constitutional Position
Section 137(1)(b), Constitution of the Federal Republic of Nigeria 1999
This section states that:
“A person shall not be qualified for election to the office of President if he has been elected to such office at any two previous elections.”
That means no more than two elected terms.
Section 137(3), 4th Alteration (2017)
Inserted by the Fourth Alteration of Section 137 No. 16 2017
“A person who was sworn in to complete the term for which another person was elected as President shall not be elected to such office for more than a single term.”
This targets those who assumed the presidency mid-term which is clearly the case of Former President Goodluck Ebele Jonathan. However, a huge question for debate here is whether this provision of the Constitution is applicable to the former president as he had already finished serving his term of office before this alteration was made to the provisions of the Constitution.
Judicial Interpretations
Court of Appeal – Mr. Cyriacus Njoku v. Dr. Goodluck Ebele Jonathan & ORS (2015)
In a landmark ruling, the Court of Appeal held that former President Jonathan’s 2010 swearing-in was to finish President Yar’Adua’s term, and not as an “elected” president. Thus, his only elected term was from 2011–2015, meaning he has served just one elected term and remains constitutionally eligible.
Federal High Court –
Justice Isa Hamma Dashen while given his decision in the case reiterated that the law (Section 137(3)) was not retroactive in its application. Therefore Former President Jonathan’s eligibility to run again for the office of presidency could not be barred by a law enacted after his term ended.
Legal Experts Weigh In On The Debate
As reported by Daily Post NG, Monday Ubani, SAN, says former President Goodluck Jonathan has the legal right to run for the 2027 presidential election under the provisions of the 1999 constitution.
Also according to Vanguard News, Dayo Akinlaja, SAN and Elekwachi Nnabuihe argue that, under a non-retroactive interpretation, Jonathan remains eligible for a second elected term in 2027.
On the other side:
As reported by Sahara Reporters, Femi Falana, SAN argues that Jonathan is disqualified based on Section 137(3), and the constitutional prohibition applies to his total presidential tenure regardless of method.
Conclusion
Based on constitutional language and judicial precedent, former President Goodluck Jonathan appears legally eligible to run for the presidency in 2027. Both Section 137(1)(b) and the 2018 amendment (Section 137(3)) do not retroactively disqualify him, and he has served only one elected term.
Nevertheless, the debate remains live among legal scholars and may require a definitive interpretation if he chooses to pursue the position. You can leave your thoughts on this matter in the comment section below.
