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Tinubu's Eligibility Conundrum: Experts Weigh in on Jonathan's Constitutional Right

Strategic Insights

— 2 min read

As Nigeria's presidency remains a subject of intense scrutiny, the eligibility of former President Goodluck Jonathan to contest in the 2027 General Election has resurfaced. The President's Special Adviser on Information and Strategy, Bayo Onanuga, recently stated that Jonathan's eligibility would be determined by a jury, while Dr. Josef Onoh, a clinical psychologist and entrepreneur, argues that Jonathan's eligibility is a settled legal precedent. According to Onoh, two unappealed court rulings in 2013 and 2022 favouring Jonathan's eligibility to contest in 2015 and 2023, respectively, establish his right to contest in 2027.

Key Takeaways:

  • The 1999 Constitution of Nigeria, as amended, limits the election of a President to two terms, except in cases where a person completes the term of another person elected as President.
  • Former President Goodluck Jonathan was sworn in twice as President, once in 2010 after the death of President Umaru Musa Yar'Adua, and in 2011 following his election victory.
  • Jonathan's eligibility to contest in 2027 has been established through unchallenged judicial rulings in 2013 and 2022, which have not been appealed.
  • Dr. Josef Onoh argues that the 2018 constitutional amendment, which added Section 137(3) to bar anyone sworn in twice from further contests, does not apply retroactively to Jonathan.
  • Onoh cites three germane issues: the impermissibility of ex-post facto laws in Nigeria's constitutional democracy, the 2022 judgment that was not appealed within the 90-day window allowed by the Constitution, and the ruling's finality under the doctrine of res judicata.
  • President Tinubu is advised not to engage in endless litigation over Jonathan's eligibility, as this could undermine judicial authority and stability in Nigeria's electoral process.

Statistics:

  • 2010: Jonathan was sworn in as President after the death of President Umaru Musa Yar'Adua.
  • 2011: Jonathan won a free and fair election and was sworn in as President.
  • 2013: A Federal High Court ruled that Jonathan was eligible to contest in the 2015 election.
  • 2015: Jonathan lost the presidential election to Muhammadu Buhari.
  • 2018: A constitutional amendment was made to limit the election of a President to two terms.
  • 2022: A Federal High Court judgment in Yenagoa, Bayelsa State, upheld Jonathan's eligibility to contest in the 2023 election.
  • 2023: Jonathan was cleared to contest in the presidential election.
  • 2027: Jonathan plans to contest in the presidential election.

Sources:

  • The Nation, September 30, 2025
  • The Nation, September 28, 2025
  • Federal High Court judgment, Suit No. FHC/YNG/CS/86/2022, May 2022
  • The 1999 Constitution of Nigeria, as amended
  • Marwa vs Nyako (2012) 6 NWLR (Pt. 1296) 200

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