There have been fresh calls for former President Goodluck Jonathan to contest the 2027 presidential election amid ongoing realignments within opposition parties.
Jonathan served as Vice President to the late President Umaru Yar’Adua from 2007 until Yar’Adua’s death in May 2010, after which he was sworn in as President.
He subsequently won the 2011 presidential election but lost his re-election bid in 2015 to former President Muhammadu Buhari.
Since leaving office, Jonathan has gained international recognition for conceding defeat in 2015 and ensuring a peaceful transfer of power.
Amid the internal crisis within the Peoples Democratic Party and reported efforts by opposition figures to court him, questions have emerged over his eligibility to contest again.
However, some legal experts argue that provisions of the 1999 Constitution (as amended) may prevent him from seeking another term.
PUNCH Online reviewed relevant provisions of the Constitution that have been central to the debate.
Section 137(3) of the Constitution, introduced by the Fourth Alteration in 2017, states that “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.”
However, Section 137(3) was enacted in 2017, after Jonathan had left office, raising questions about whether the provision can be applied retroactively.
A similar provision is contained in Section 182(3) of the Constitution, which applies to governors.
Section 182(3) states that “a person who was sworn-in as governor to complete the term for which another person was elected as governor shall not be elected to such office for more than a single term.”
The issue has drawn renewed attention following a recent Federal High Court ruling in Akure, Ondo State, which held that Governor Lucky Aiyedatiwa would be ineligible to seek another term beyond the constitutional limit.
Aiyedatiwa, who was sworn in to complete the tenure of the late Governor Rotimi Akeredolu in December 2023, was later elected in November 2024 and inaugurated in February 2025.
In the suit filed by an APC member, Akin Egbuwalo, the court was asked to interpret constitutional provisions relating to tenure limits.
The court held that no elected executive can remain in office beyond the constitutionally permitted period, relying on the Supreme Court’s decision in Marwa v. Nyako.
The ruling has been cited by some analysts as reinforcing the argument that individuals who complete a predecessor’s tenure and subsequently win election may not exceed the constitutional limit.
However, legal opinions remain divided on whether the same interpretation applies to Jonathan, particularly given that the relevant constitutional amendment came after his tenure.
The Aiyedatiwa ruling suggests Jonathan cannot contest again since the constitutional principle is the same.
But many politicians and experts have historically contested this interpretation, and it may likely require a fresh court ruling to settle definitively.
(Punch)
