Why Goodluck Jonathan Cannot Contest 2027 Presidential Election – Lawyer

A lawyer, Johnmary Chukwukasi Jideobi, has approached the Federal High Court in Abuja seeking an order to bar former President Goodluck Jonathan from contesting the 2027 presidential election.

Jideobi, in the suit filed on Monday, asked the court to issue a perpetual injunction restraining Jonathan from presenting himself to any political party for nomination as a presidential candidate. He also urged the court to restrain the Independent National Electoral Commission (INEC) from accepting or publishing Jonathan’s name as a candidate for the 2027 polls.

The Attorney-General of the Federation (AGF) and INEC were listed as the 2nd and 3rd defendants respectively, while Jonathan was cited as the 1st defendant in the suit marked FHC/ABJ/CS/2102/2025.

The plaintiff asked the court to determine “whether in view of the combined provisions of the entirety of Sections 1(1), (2) & (3) and 137(3) of the 1999 Constitution of the Federal Republic of Nigeria as amended and their conflated interpretation, the 1st Defendant is eligible, under any circumstances whatsoever, to contest for the office of the President of the Federal Republic of Nigeria.”

Plaintiff’s Prayers

Upon determination of the question, Jideobi sought four major reliefs from the court:

“A declaration of this Honourable Court that upon an intimate reading and complete understanding of the entirety of Sections 1(1), (2) & (3) and 137(3) of the 1999 Constitution of the Federal Republic of Nigeria as amended, the first Defendant [GOODLUCK EBELE JONATHAN] is ineligible to stand for or occupy the office of the President of the Federal Republic of Nigeria.”

“A declaration of this Honorable Court that in view of the entirety of Sections 1(1), (2) & (3) and 137(3) of the 1999 Constitution of the Federal Republic of Nigeria as amended, the 2nd Defendant [the INEC] lacks the constitutional power to receive from any political party the name of the first defendant or publish same as the candidate of any political party for the election into the office of the President of the Federal Republic of Nigeria holding in 2027 and other years to come.”

“An order of perpetual injunction of this Honourable Court restraining the first Defendant [Goodluck Ebele Jonathan] from presenting himself to any political party in Nigeria for nomination as its candidate for the general election into the office of the President of the Federal Republic of Nigeria holding in 2027 and other years to come.”

“An order of perpetual injunction of this Honourable Court restraining the 2nd Defendant [INEC] from either accepting from any political party in Nigeria the name of the 1st Defendant [Goodluck Ebele Jonathan] or publishing same as a candidate for election into the office of the President of the Federal Republic of Nigeria holding in 2027 and other years to come.”

The plaintiff also prayed for “an order of this Honourable Court directing the 3rd Defendant [Honourable Attorney-General of the Federation] to ensure compliance with the decisions and Orders of this court.”

In an affidavit deposed to by Emmanuel Agida in support of the suit, the plaintiff maintained that he was acting in the interest of constitutionalism and the rule of law.

He argued that if Jonathan wins the 2027 presidential election, which spans 2027 to 2031, he would exceed the constitutional limit of two presidential terms, amounting to more than eight years in office.

The affidavit stated: “That the Plaintiff believes that the 1st defendant, having completed the unexpired term of late President Yar’Adua and subsequently served a full term after the 2011 election, has exhausted the constitutional limit of two tenures as President.”

The plaintiff noted that media reports and public speculation about Jonathan’s possible interest in the 2027 election prompted him to take legal action.

“That if the court does not intervene timeously, a political party may present the 1st defendant as its presidential candidate in the 2027 general election, thereby breaching the Constitution,” he added.

On his locus standi (legal right) to institute the case, Jideobi stated that as a lawyer, it was his duty to forestall constitutional violations and safeguard the rule of law.

He submitted: “There are chances that one of the political parties in Nigeria may favour the 1st defendant to stand as its presidential candidate in the forthcoming 2027 general elections to be conducted and overseen by the 2nd Defendant.”

“If unchallenged, the 1st defendant may enter the 2027 presidential race on the platform of one of the political parties in Nigeria and may possibly emerge the winner of the said election.”

He further warned: “In the event the 1st defendant is returned as elected and sworn as the President of the Federal Republic of Nigeria come in 2027, it will mark the 3rd time the 1st defendant will be taking oath of office as the President of the Federal Republic of Nigeria.”

According to the affidavit, “In the event the 1st defendant is returned as elected and sworn as the President of the Federal Republic of Nigeria come in 2027, the plaintiff as a Nigerian citizen, would become one of those under the governance control of the 1st defendant [who by virtue of his office, would be saddled with the responsibility of executing the laws of the country].”

“It will be in the interest of justice for this Honourable Court to grant the prayers contained on the face of this Originating Summons,” the affidavit concluded.

Meanwhile, no date has been fixed for the hearing of the suit.