There have been renewed calls for former President Goodluck Jonathan to contest the 2027 presidential election, amid ongoing political realignments within opposition parties in Nigeria.
Jonathan previously served as Vice President to the late Umaru Yar’Adua from 2007 until Yar’Adua’s death in May 2010, after which he was sworn in as President. He later won the 2011 presidential election but lost his re-election bid in 2015 to Muhammadu Buhari.
Since leaving office, Jonathan has earned global recognition for conceding defeat in 2015 and facilitating a peaceful transfer of power. However, with the internal crisis in the Peoples Democratic Party and reported efforts by opposition figures to draft him into the race, questions have resurfaced about his eligibility.
Constitutional Debate Over Eligibility
Legal experts have pointed to provisions in the 1999 Constitution (as amended) that may affect Jonathan’s chances of contesting again.
A key provision is Section 137(3), introduced through the Fourth Alteration in 2017, which states:
“A person who was sworn-in as President 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 clause has sparked debate because Jonathan completed Yar’Adua’s tenure before winning a full term in 2011. Critics argue that this could limit him to only one elected term.
However, a major legal question remains whether this provision can be applied retroactively, since it was enacted in 2017—two years after Jonathan left office.
Similar Provision for Governors
A related clause exists under Section 182(3) of the Constitution, which applies to state governors. It similarly restricts individuals who complete another governor’s tenure from serving more than one additional elected term.
This issue has gained renewed attention following a ruling by a Federal High Court in Akure, involving Lucky Aiyedatiwa.
Aiyedatiwa, who assumed office after the death of Rotimi Akeredolu in December 2023, was later elected in November 2024 and sworn in February 2025.
In a suit filed by Akin Egbuwalo of the All Progressives Congress, the court was asked to interpret constitutional provisions on tenure limits. The ruling suggested that Aiyedatiwa may not be eligible to seek another term beyond the constitutional allowance.
Implications for 2027
The court’s interpretation has intensified scrutiny over Jonathan’s potential candidacy, as similar constitutional principles may apply.
While no final legal consensus has been reached, the debate continues to generate significant political and legal interest as Nigeria approaches the 2027 general elections.
The court ruled that no elected executive can stay in office beyond the constitutionally allowed tenure, relying on the Marwa v. Nyako decision of the Supreme Court of Nigeria.
Legal analysts have cited the judgment as strengthening the argument that individuals who complete the tenure of a predecessor and later win election should not exceed the constitutional limit.
However, opinions remain divided on whether this interpretation applies to Goodluck Jonathan, especially since the constitutional amendment in question was introduced after he left office.
Nonetheless, the ruling involving Lucky Aiyedatiwa has fueled arguments that Jonathan may not be eligible to contest again, as the underlying constitutional principle is considered similar.
ADEOLA KUNLE
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