Legal luminary, Dr. Monday Ubani, SAN, has clarified that former President Goodluck Ebele Jonathan is constitutionally eligible to contest the 2027 presidential election.
click Here to Join Our Whatsapp Channel
Ubani, in a legal analysis released on Monday, said the controversy surrounding Jonathan’s eligibility under Section 137(3) of the 1999 Constitution (as amended in 2018) has been misinterpreted.
According to him, the amendment, which bars anyone who assumed office to complete another president’s tenure from contesting more than once, cannot be applied retroactively to disqualify Jonathan.
“Jonathan became president in 2010 by constitutional succession after the death of President Umaru Musa Yar’Adua, not through election. He was only elected once, in 2011, and served until 2015. Therefore, he has only one elected tenure to his record,” Ubani explained.He cited two judicial precedents – Andy Solomon & Idibiye Abraham v. Dr. Goodluck Ebele Jonathan (Federal High Court, Yenagoa, 2022) and Cyriacus Njoku v. Dr. Goodluck Ebele Jonathan (FCT High Court, 2015) – both of which upheld Jonathan’s eligibility.Ubani further stressed that Nigerian courts, including the Supreme Court, have consistently ruled against the retrospective application of laws unless expressly stated.“
The law is clear. Former President Jonathan is not under any constitutional disability to contest in 2027 if he so wishes,” he stated, while adding that the final decision rests with Jonathan and the Nigerian electorate.
