Suit challenges Jonathan’s eligibility to contest presidency
The Federal High Court sitting in Abuja was on Monday petitioned to issue a perpetual injunction restraining former President Goodluck Jonathan from presenting himself to any political party in Nigeria as a candidate for the 2027 presidential election.
The suit also urged the court to bar the Independent National Electoral Commission (INEC) from accepting or publishing Jonathan’s name as a duly nominated presidential candidate. Jonathan was cited as the first defendant, while INEC and the Attorney General of the Federation were listed as the second and third defendants respectively.
Legal basis of the suit
The case, registered as FHC/ABJ/CS/2102/2025, was filed by lawyer Johnmary Chukwukasi Jideobi. It raises a constitutional question: whether, based on the provisions of Sections 1(1), (2), (3), and 137(3) of the 1999 Constitution of the Federal Republic of Nigeria (as amended), Goodluck Jonathan is eligible to contest the presidency under any circumstances.
The plaintiff asked the court to interpret these sections in a way that would declare Jonathan ineligible to run for or hold the office of president.
Key reliefs sought by the plaintiff
The suit requests several orders from the court, including:
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A declaration that, under the cited constitutional provisions, Jonathan is ineligible to contest for or occupy the office of the President of Nigeria.
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A declaration that INEC lacks the constitutional authority to accept or publish Jonathan’s name as a candidate in any presidential election, including the one scheduled for 2027.
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A perpetual injunction restraining Jonathan from presenting himself to any political party for nomination as a presidential candidate in 2027 or subsequent elections.
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A perpetual injunction restraining INEC from accepting or publishing Jonathan’s candidacy in any future presidential elections.
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An order directing the Attorney General of the Federation to ensure compliance with the court’s decisions and orders.
Plaintiff’s affidavit and constitutional argument
In support of the suit, an affidavit deposed by Emmanuel Agida stated that the plaintiff is a strong advocate for constitutionalism and the rule of law.
Agida contended that if Jonathan were to win the 2027 presidential election for a four-year term (2027–2031), it would mean he has exceeded the statutory maximum tenure of eight years allowed for a Nigerian president. This assertion is central to the claim that Jonathan is constitutionally barred from contesting.
Background and political implications
Goodluck Jonathan served as Nigeria’s president from 2010 to 2015 after completing the tenure of his predecessor and subsequently winning a term in his own right. The constitutional limit restricts Nigerian presidents to two terms or a maximum of eight years in office.
The suit has sparked widespread discussion across political circles, with some viewing it as an attempt to enforce constitutional provisions, while others see it as politically motivated.
Meanwhile, INEC and the Attorney General’s office have yet to comment publicly on the suit.
Related developments
The legal challenge comes amidst broader political positioning ahead of the 2027 elections. Various political actors and regions have expressed interest in the presidency, and the South-South geopolitical zone, to which Jonathan belongs, remains a key battleground.
Political analysts suggest that the outcome of this case could set significant precedents for future election eligibility and constitutional interpretation in Nigeria.
