The controversy over former President Goodluck Jonathan’s eligibility for the 2027 presidential election took a turn last week after a Federal High Court in Yenagoa cleared him to run.

Critics had cited Section 137(3) of the 1999 Constitution (as amended), which bars anyone from being sworn in as president more than twice, arguing that Jonathan’s 2010 swearing-in after the late President Umaru Yar’Adua’s death, and his 2011 election victory, counted as two terms.

Jonathan left office in 2015, and the law only became effective in 2018, raising questions about its retroactive application.

Some leaders of the Peoples Democratic Party (PDP) are reportedly pushing for Jonathan to contest under their platform in 2027.

The judgment, obtained by Sunday Vanguard, was delivered by Hon. Justice Isa H. Dashen, who reviewed Jonathan’s Counter-Affidavit dated May 27, 2022.

The former president argued he could not be legally barred from contesting based on Section 137(3), a position the court agreed with.

Interestingly, the All Progressives Congress (APC) and the Independent National Electoral Commission (INEC), both named as defendants in the suit filed by APC members Andy Solomon and Ibidiye Abraham, failed to appear in court.

The judge noted that their absence implied agreement with the facts presented by Jonathan and the plaintiffs.

Justice Dashen referenced precedent, including OYEYIPO VS OYINLOYE (1987) and FUTMINA & ORS VS OLUTAYO (2017), to hold that a defendant’s failure to respond to a suit constitutes admission of the facts.

Jonathan’s Counter-Affidavit, deposed by Engr. Peletiri John Debetimi, attached Exhibit EKOI, the Official Gazette of the 4th Alteration to the Constitution.

Jonathan contended that his 2010 oath was to complete Yar’Adua’s term and thus did not count as a full elected term. His only elected term was in 2011.

The 4th Alteration, effective June 7, 2018, could not apply retroactively, Jonathan argued, because his current right to contest accrued in 2015.

Jonathan formulated three questions for the court’s determination, aligning largely with the plaintiffs’ questions: “Whether he qualifies to contest under Sections 137(1)(b) and 137(3), whether the APC can field him as its candidate, and whether INEC can disqualify him from contesting.”

The court, after juxtaposing Jonathan’s oath dates with the commencement of the 4th Alteration, concluded that Section 137(3) did not retroactively disqualify him.

Justice Dashen emphasized that the subsection only limits a person sworn in to complete another president’s term to a single subsequent term, effective June 7, 2018.

Jonathan is therefore legally cleared to contest for president in 2027.

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