Politics
Jonathan’s Eligibility: Ozekhome Faults Falana
As pressure continues to mount on former President Goodluck Jonathan to contest the 2023 presidential election, two renowned lawyers in the country have sharply disagreed on his eligibility to run for the Presidency.
While human rights lawyer, Femi Falana (SAN) is of the opinion that Jonathan is legally hamstrung to contest for the highest position in the country, his colleague of other inner bar and an activist lawyer, Chief Mike Ozekhome (SAN), argued otherwise, insisting that the former President is eligible to return to Aso Rock.
Falana, in his submission on the subject matter argued that former President Goodluck Jonathan cannot contest in the 2023 presidential election.
While citing constitutional provisions barring the ex-President from seeking re-election, Falana said Jonathan, who was Nigerian President between 2010 and 2015, would breach constitutional term limits of two terms of eight years if he runs for the Presidency and wins again.
He recalled that Mr Jonathan became the President of Nigeria in 2010 following the sudden death of President Umaru Yar’Adua, and later contested and won the 2011 presidential election.
Mr Jonathan spent five years in office as President which would make it nine years in office if he contests and wins again, Mr Falana said.
“Dr. Jonathan is disqualified from contesting the 2023 presidential election. The reason is that if he wins the election, he will spend an additional term of four years.
“It means that he would spend a cumulative period of nine years as President of Nigeria in utter breach of Section 137 of the Constitution which provides for a maximum of two terms of eight years,” Mr Falana said.
He further stated that by virtue of Section 137 (3) of the Nigerian Constitution, Mr Jonathan cannot seek a re-election to the office of the President having completed the tenure of the late President Yar’Adua and sworn in again for a full four-year term in 2011 upon winning the presidential election in his own name.
Section 137 (3) of the Constitution in reference 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.”
But faulting this line of argument, Ozekhome said: “The truth of the matter is that the antagonists of Jonathan running in 2023, in their strange line of argument, are mainly relying on the above Section 137(3). They have probably not addressed their minds to Sections 141 of the Electoral Act, 2010, as amended, and Section 285(13) of the same Fourth Alteration to the 1999 Constitution, as amended, which they are relying on. More revealing is that these antagonists are probably not aware of an extant and subsisting Court of Appeal decision where Jonathan was frontally confronted and challenged before the 2015 presidential election, on the same ground of being ineligible to contest the said 2015 election, having allegedly been elected for two previous terms of office. The Section 137(3) being relied upon by the antagonists was signed into law in 2018, three years after Jonathan had left office. Can he be caught in its web retrospectively?
The case in question is CYriacus Njoku V Goodluck Ebele Jonathan (2015) Lpelr-244496 (CA). In that case, the Court of Appeal, Abuja Division, held that President Goodluck Jonathan had only taken the oath of office once and therefore upheld his eligibility to contest the then Nigeria’s presidential election slated for March 28, 2015.
The intermediate court held that the oath of office President Jonathan took in 2010 was merely to complete the “unexpired tenure” of late President Umar Yar’Adua, who died while in office as President.
The appeal had been brought before the court by one Cyriacus Njoku, who was challenging the ruling of the High Court of Federal Capital Territory, Abuja, which on March 1, 2013, had dismissed the suit he filed to stop President Jonathan from contesting the 2015 polls.
In a lead judgement delivered by Justice Abubakar Yahaya, the full panel of the court unanimously held that President Jonathan had only spent one term in office as President, going by the provisions of the 1999 Constitution.
President Jonathan had been empowered as acting President on February 9, 2010, following a motion for operation of the “doctrine of necessity” by the Senate, owing to the protracted stay of late President Umaru Yar’Adua in Saudi Arabia on medical grounds.
When President Yar’Adua eventually died on May 5, 2010, Jonathan was sworn in as president to serve the unexpired residue of office of Yar’Adua. Jonathan was later elected President in 2011 for the first time, on his own merit.
However, the court ruled that the oath that Jonathan took in 2010 was merely to complete the unexpired tenure of late Yar’Adua; adding that by virtue of Section 135 (2)(b) of the 1999 Constitution, Jonathan only took his first oath in May, 2011. The Court of Appeal further held that disqualification is through election, not oath taking.
is therefore clear that section 137(3) of the Fourth Alteration to the Constitution took effect from 11th June, 2018, when President Muhammadu Buhari assented to it. Section 137(3) is subject to section 318(4) of the 1999 Constitution which provides that, “the Interpretation Act shall apply for the purposes of interpreting (its) provisions”.
Section 137(3) is one piece of legislation that can be termed retrospective or retroactive legislation.
On retrospectivity of legislation, the apex court, coram Justice Kekere-Ekun, J.S.C, held in the case of SPDC V. ANARO & ORS (2015) LPELR-24750(SC) at (Pp. 64 paras. B), thus:
“There is a general presumption against retrospective legislation. It is presumed that the legislature does not intend injustice or absurdity. Courts therefore lean against giving certain statutes retrospective operation. Generally, statutes are construed as operating only in cases or on facts, which come into existence after the statutes were passed unless a retrospective effect is clearly intended. It was held inter alia, in: Ojokolobo Vs Alamu (1987) 3 NWLR (Pt.61) 377 @ 402 F-H that it is a fundamental rule of Nigerian law that no statute shall be construed to have a retrospective operation unless such a construction appears very clearly in the terms of the Act or Law; or arises by necessary and distinct implication. See also: Udoh Vs O.H.M.B. (1993) 7 NWLR (Pt.304) 39 @ 149 F – G; Adegbenro Vs Akintola (1963) All NLR 305 @ 308”
Oyo State Governor, ‘Seyi Makinde, has renamed The Polytechnic, Ibadan as Omololu Olunloyo Polytechnic, Ibadan, in honour of a late former governor of the State, Dr Omololu Olunloyo.
Dr Olunloyo, who died on April 6, 2025, was the pioneer Principal of the Polytechnic, Ibadan, while he also served as Governor of Oyo State between October 1 and December 31, 1983.
Governor Makinde made the announcement at the state interdenominational funeral service held yesterday in honour of the late former governor at the Obafemi Awolowo Stadium, Liberty Road, Ibadan.
Governor Makinde said Dr Olunloyo lived an eventful life, adding that his attainment and personality could not be summarised in one sentence.
“He was not a man we could summarise in one sentence. He was a scholar, a statesman, a technocrat, a lover of culture and, above all, a man of deep conviction.
“While giving the exhortation, I was listening to Baba Archbishop Ayo Ladigbolu and he said in 1983, Baba became Governor of Oyo State. Though his time in office was brief, his election victory over a popular incumbent remains a powerful testament to the trust people gave him.
“I talked about preserving and digitising his library yesterday [Wednesday] as a mark of honour to Baba Olunloyo.
“Today, we will be giving Baba another honour to immortalise him. He was the first Principal of The Polytechnic, Ibadan; that institution will now be named Omololu Olunloyo Polytechnic, Ibadan.”
Earlier in his sermon, a retired Methodist Archbishop of Ilesa and Ibadan, Ayo Ladigbolu, described the late Olunloyo as a role model with intellectual inspiration and unassailable integrity.
The cleric said the deceased also demonstrated leadership in most superior quality during his lifetime.
In attendance were the state Deputy Governor, Chief Abdulraheem Bayo Lawal; wife of a former Military Governor of the old Oyo State, Chief (Mrs) Dupe Jemibewon; wife of a former Governor of Oyo State, Chief (Mrs) Mutiat Ladoja; former Deputy Governor and PDP Deputy National Chairman (South), Ambassador Taofeek Arapaja; and former Deputy Governor, Hazeem Gbolarumi.
Others were the member representing Ibadan North-East/South-East Federal Constituency, Hon Abass Adigun Agboworin; Chief of Staff to the Governor, Otunba Segun Ogunwuyi; Oyo State Exco members; Chairman of Oyo State Elders’ Council, Dr Saka Balogun; Chairman of All Local Government Chairmen in Oyo State, Hon Sikiru Sanda; President-General of the Central Council of Ibadan Indigenes (CCII), Chief Adeniyi Ajewole; religious leaders and family members, among other dignitaries.
Ten members of the Peoples Democratic Party (PDP) National Working Committee (NWC) have countered the Acting National Chairman, Umar Damagum, on the reinstatement of Senator Samuel Anyanwu as National Secretary.
The dissenting members, led by the Deputy National Chairman ( South), Taofeek Arapaja, in a joint statement, said no organ of the opposition party could overturn the decision of the 99th meeting of the National Executive Committee (NEC).
The dissenting NWC members include Arapaja; Setonji Koshoedo, Deputy National Secretary; Okechukwu Obiechina-Daniel, National Auditor; Debo Ologunagba, National Publicity Secretary; Ologunagba; Woyengikuro Daniel, National Financial Secretary and Ahmed Yayari Mohammed, National Treasurer.
Others are Chief Ali Odefa, National Vice Chairman (South East); Emmanuel Ogidi, Caretaker Committee Chairman (South South); Mrs. Amina Darasimi D. Bryhm, National Woman Leader and Ajisafe Kamoru Toyese, National Vice Chairman (South West).
The group also insisted that contrary to the position of the acting National Chairman, the 100th NEC meeting of the party would be held on June 30 as earlier scheduled.
The statement read: “The attention of the National Working Committee (NWC) of the Peoples Democratic Party (PDP) has been drawn to a press briefing by the acting National Chairman, Amb. Umar Damagum, today Wednesday, June 25, wherein he attempted to overturn the resolution of the 99th National Executive Committee (NEC) meeting which scheduled the 100th NEC meeting for Monday, June 30.
“The acting National Chairman in the said press briefing also reportedly announced that Senator Samuel Anyanwu has been asked to resume as National Secretary of the party contrary to the resolution of the 99th NEC meeting, which referred all matters relating to the office of the National Secretary to the 100th NEC meeting.
“The pronouncements by the acting National Chairman have no foundation as no organ of the party (including the NWC), individual or group has the power to cancel, overrule, veto or vary the resolution of the National Executive Committee (NEC) under the Constitution of the PDP (as amended in 2017).
“For the avoidance of doubt, the NEC is the highest decision-making organ of the party, second only to the National Convention. By virtue of Section 31 (3) of the PDP Constitution, the resolution of the NEC to hold its 100th meeting on Monday June 30, is binding on all organs, officers, chapters and members of the party and no organ, group or individual can vary or veto this resolution of NEC.
“Furthermore, the claim by Damagum that Sen Anyanwu has been asked to resume office as the National Secretary of the party is, therefore, misleading being contrary to the resolution of NEC.
“In the light of the foregoing, the 100th NEC meeting as scheduled for Monday, June 30, has not been canceled or postponed.”
The Special Adviser to President Bola Tinubu on Information and Strategy, Bayo Onanuga, has fired back at former Kaduna State Governor, Nasir El-Rufai, following the latter’s scathing criticism of President Tinubu’s administration and his 2027 re-election prospects.
In an interview on live television, Mallam El-Rufai said it would take a “miracle” for President Tinubu to be re-elected in 2027, citing an internal poll that purportedly shows a 91 percent disapproval rating for the president across key regions in the country, including the South-East and the North. He also claimed that President Tinubu’s disapproval rating in Lagos stood at 78 percent.
Reacting on Wednesday via a post on X (formerly Twitter), Mr Onanuga took a swipe at the ex-governor, quoting a harsh assessment of Mallam El-Rufai’s character from former President Olusegun Obasanjo’s memoir, My Watch.
“Nasir’s penchant for reputation savaging is almost pathological,” Mr Onanuga wrote, citing Chief Obasanjo’s words. “Why does he do it? Very early in my interaction with him, I appreciated his talent. At the same time, I recognised his weaknesses; the worst being his inability to be loyal to anybody or any issue consistently for long, but only to Nasir El-Rufai.”
The presidential adviser emphasised Chief Obasanjo’s remarks that Mallam El-Rufai often tries to elevate himself by diminishing others. “He lied brazenly, which he did to me, against his colleagues and so-called friends,” Mr Onanuga continued, quoting the former President. “I have heard of how he ruthlessly savaged the reputation of his uncle, a man who, in an African setting, was like a foster father to him.”
Chief Obasanjo, who appointed Mallam El-Rufai as the Minister of the Federal Capital Territory between 2003 and 2007, did not mince words in the memoir, describing Mallam El-Rufai as suffering from “small man syndrome.”
Mr Onanuga’s post is seen as a direct rebuttal to Mallam El-Rufai’s recent criticism and growing opposition role. The former governor is reportedly playing a central role in forming a new coalition to challenge President Tinubu in the 2027 general election.
In March 2025, El-Rufai officially dumped the All Progressives Congress (APC) and joined the Social Democratic Party (SDP), intensifying speculations about his 2027 political ambitions.
As the political rift deepens, Mallam El-Rufai remains one of the most vocal critics of the Tinubu administration, while Mr Onanuga and other presidential allies continue to push back against what they describe as “reckless” opposition rhetoric.