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Goodluck Jonathan's Eligibility for 2027 Presidential Election Sparks Constitutional Debate

Strategic Insights

— 2 min read

Former President Goodluck Jonathan's plans to contest the 2027 presidential election have sparked a heated debate over his eligibility under the 1999 Constitution. While some lawyers argue that he has only served one term as president, others claim that he is barred from seeking another term due to a constitutional amendment in 2018. The amendment introduced provisions aimed at closing gaps around tenure elongation, but lawyers are split on its application to Jonathan's case.

Key Takeaways:

  • Goodluck Jonathan's eligibility for the 2027 presidential election is being questioned due to a constitutional amendment in 2018, which bars an individual from being sworn in twice into the office of the president.
  • Jonathan's lawyers argue that he was not elected in 2010 when he took the oath of office following the death of President Umaru Musa Yar'Adua, but was sworn in based on the 'Doctrine of Necessity' and the dictates of the constitution.
  • Section 137(3) of the Nigerian Constitution, which was introduced in 2018, states that a person who was sworn in to complete a term for which another person was elected as president shall not be elected to such office for more than a single term.
  • Jonathan's situation is unique, as he took over after President Yar'Adua's death in 2010 and later won the 2011 presidential election. Court judgments, including one by the Federal High Court in Yenagoa, Bayelsa State, have affirmed his constitutional right to run for presidency again.
  • The 2022 judgment by Justice Isah Dashem of the Federal High Court, Yenagoa, which has not been appealed or set aside, remains subsisting and puts to rest the contentious constitutional amendment of Section 137(1)(b) and 3 as it affects Jonathan.
  • The Destiny of Jonathan's candidacy depends on whether the 1999 Constitution, altered in 2018, would be applied retroactively or prospectively.
  • Pundits argue that Jonathan's candidacy is sellable and more sensible to power brokers because he is a southerner by origin, but with long-standing relationships with the northern elite.

Statistics:

  • Goodluck Jonathan served as acting president for months due to Umaru Musa Yar'Adua's prolonged illness, which left him incapacitated.
  • The Nigerian Constitution was amended in 2018, introducing provisions aimed at closing gaps around tenure elongation.
  • The 1999 Constitution bars an individual from being sworn in twice into the office of the president.
  • Two court judgments have affirmed Jonathan's constitutional right to run for presidency again: one in 2015 and another in 2022.
  • The 2022 judgment by Justice Isah Dashem of the Federal High Court, Yenagoa, was delivered on May 27, 2022.

Sources:

  • "The 1999 Constitution of the Federal Republic of Nigeria (As Amended)" - The 1999 Constitution as amended in 2018.
  • "Fourth Alteration Act to the Constitution" - The National Assembly passed the Fourth Alteration Act to the Constitution in 2018, introducing provisions aimed at closing gaps around tenure elongation.
  • "Goodluck Jonathan's 2022 judgment" - The 2022 judgment by Justice Isah Dashem of the Federal High Court, Yenagoa, which affirmed Jonathan's constitutional right to run for presidency again.

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