Is Goodluck Jonathan Constitutionally Eligible to Become President Again? Senior Lawyers Speak

Is Goodluck Jonathan Constitutionally Eligible to Become President Again? Senior Lawyers Speak

  • Former President Goodluck Jonathan is often mentioned as a likely candidate during each election circle
  • Currently, there is a widespread sentiment in Nigeria for a southerner to retain the presidency in 2027
  • The PDP and other political stakeholders will likely be watching closely as the 2027 election approaches

Legit.ng journalist Ridwan Adeola Yusuf has over 9 years of experience covering politics, elections, and governance in Nigeria.

FCT, Abuja - Rumours continue to swirl in Nigeria over a possible 2027 presidential run by ex-leader Goodluck Jonathan.

Legit.ng reports that the Nigerian media has been awash with reports over the past week of a possible 2027 presidential bid by former president Goodluck Jonathan.

Jonathan's presidential dreams/Senior lawyers clash over constitutional interpretation on Goodluck Jonathan
The rumour of Goodluck Jonathan’s quest to return to Aso Rock resurfaces ahead of 2027. Photo credit: @GEJonathan
Source: Twitter

The Peoples Democratic Party (PDP) and other political stakeholders will likely be watching closely as the 2027 election approaches. For now, however, Jonathan is keeping his cards close to his chest.

Amid different permutations ahead of the 2027 election, legal experts discussed why Jonathan's right or otherwise to vie for the presidency.

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'Jonathan eligible' - Adewunmi

Joseph Adewunmi, a Lagos-based senior lawyer, said Jonathan is eligible to contest the 2027 presidential poll based on existing judgement of the federal high court in Yenagoa, noting that since the ruling has not been set aside, it should be respected.

According to Business Day, the lawyer argued that since Jonathan left office before the constitution was amended in 2018, he could not be affected, noting that any individual comment against such is just an opinion.

'Jonathan cannot contest' – Falana

In 2022, human rights lawyer, Femi Falana (SAN), posited that Jonathan is constitutionally-barred from seeking re-election.

Falana, in his conviction rooted in jurisprudence and the constitution, argued that the Supreme Court had ruled that the amendment barring a situation like that of Jonathan can apply in retrospect.

He alluded to the apex court’s pronouncement on a similar amendment to draw his conclusion.

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The provision reads:

“A person who was sworn in 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.”

The amendment, among others, was signed into law by then President Muhammadu Buhari (of blessed memory) following his emergence in 2015. Jonathan, being the only living ex-president to have enjoyed the succession-by-default arrangement, is widely perceived as the target of the amendment.

Goodluck Jonathan as PDP 2027 presidential candidate/Some Nigerians urge Goodluck Jonathan to run in the 2027 election
Some political stakeholders urge Goodluck Jonathan to contest 2027 election. Photo credit: Spencer Platt
Source: Getty Images

Keyamo warns against fielding Jonathan

In the same vein, in August 2025, Festus Keyamo (SAN), the minister of aviation and aerospace development, warned the PDP against fielding Jonathan or ex-Labour Party (LP) presidential candidate Peter Obi in the 2027 election, citing legal and political risks.

The Delta-born politician, in a post shared on social media, analysed the PDP’s position following its decision to zone the 2027 presidential ticket to the southern region.

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He wrote:

“One of its attractive targets as a Presidential candidate is ex-President Goodluck Jonathan, because of his purported eligibility to run for only one term. But, if he is fielded, the Party runs the RISK of NOT HAVING A CANDIDATE AT ALL by virtue of section 137 (3) of the 1999 Constitution (Fourth Amendment)."

Keyamo explained that the constitutional amendment was enacted after the 2015 court judgment that cleared Jonathan to run, meaning the legal question remains undecided and could be settled only by the Supreme Court.

'Jonathan qualified to contest' - Ozekhome

Meanwhile, another SAN, Mike Ozekhome, contended that Jonathan “is pre-eminently constitutionally, morally and legally qualified to contest.”

Ozekhome, in a 2022 piece, noted that it would be “grossly unfair” to deny Jonathan the right to contest the presidency when the county’s extant laws and court decisions allegedly permit him.

Ozekhome said:

"It will be grossly unfair, unconstitutional, unconscionable and inequitable to deny Jonathan of the right to contest."

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'Jonathan eligible' - Ubani

Also, Monday Ubani, a senior advocate of Nigeria (SAN), said Jonathan has the constitutional right to contest for the post of president in the 2027 election against President Bola Tinubu.

He explained:

“Jonathan’s first swearing-in was in 2010, following the death of President Umaru Musa Yar’Adua. This did not count as an elected term.
“It is not by election, it’s clearly by disposition of the law, complying with section 146 of the 1999 constitution.
“In 2015, when he wanted to re-contest, somebody went to court, and Justice Mudashiru ruled that the president then was eligible to run… The former oath that he took in 2010 was not by virtue of election, but by virtue of succession."

For Ubani, the fourth alteration cannot be applied retroactively.

He said:

“Every law is prospective. If there was an amendment in 2017, that came into operation in 2018, how could that law be applicable to vested rights that took place in 2010 to 2015? My view is that President Jonathan is clearly eligible under the 1999 Constitution to run for 2027… despite the provision of Section 137(3) that came into existence in 2018.”

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Read more on Goodluck Jonathan:

Jonathan told not to contest

Earlier, Legit.ng reported that Shehu Sani, a former senator from Kaduna, advised Jonathan not to recontest for presidency in the 2027 election.

Sani said the PDP, Jonathan's known party, was no longer united.

Source: Legit.ng

Authors:
Ridwan Adeola avatar

Ridwan Adeola (Current Affairs Editor) Ridwan Adeola Yusuf is a content creator with more than nine years of experience, He is also a Current Affairs Editor at Legit.ng. He holds a Higher National Diploma in Mass Communication from the Polytechnic Ibadan, Oyo State (2014). Ridwan previously worked at Africa Check, contributing to fact-checking research works within the organisation. He is an active member of the Academic Excellence Initiative (AEI). In March 2024, Ridwan completed the full Google News Initiative Lab workshop and his effort was recognised with a Certificate of Completion. Email: ridwan.adeola@corp.legit.ng.