A Federal High Court sitting in Yenagoa has ruled that former President Goodluck Jonathan is constitutionally eligible to contest future presidential elections, including the 2027 polls.
The decision, delivered by Justice Isa H. Dashen, effectively settles the lingering controversy over whether Jonathan’s previous oaths of office could bar him from seeking another term under Section 137(3) of the 1999 Constitution (as amended).
The section, introduced through the Fourth Alteration in 2018, restricts anyone who has completed the tenure of another president from being sworn in more than twice. Critics had argued that Jonathan’s swearing-in in 2010, following the death of President Umaru Yar’Adua, and his election in 2011 already put him beyond the constitutional limit.
But in his judgment, Justice Dashen held that the amendment could not be applied retroactively, noting that Jonathan had only been elected once — in 2011.
“The constitutional amendment took effect from June 7, 2018, long after Jonathan had left office in 2015. It cannot therefore be used to disqualify him,” the judge ruled.
The suit was filed by two members of the All Progressives Congress, Andy Solomon and Ibidiye Abraham, who sought to stop Jonathan from running. However, both the APC and the Independent National Electoral Commission, joined as co-defendants, failed to enter appearances or file any processes, a development the court interpreted as their acquiescence to the submissions before it.
Jonathan, through a counter-affidavit, maintained that the oath he took in 2010 was merely to complete Yar’Adua’s tenure and should not count as an election.
He also cited the 2015 Court of Appeal decision in Njoku vs Jonathan, which held that his first swearing-in could not be used against him in determining eligibility.
Justice Dashen agreed, affirming Jonathan’s right to seek office again.
The ruling has already stirred political speculation, with some leaders of the Peoples Democratic Party urging Jonathan to consider joining the 2027 race.