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”
He said he would not hesitate to activate the recall process against any lawmaker found wanting, if he returns for a second term in office.
He stated this while addressing members of the All Progressives Congress (APC), including those who lost out at the recently held national and state assemblies primaries and have become aggrieved and disrespectful to the party.
While emphasizing the supremacy of the party, he said decisions were taken in the overall interest of the party and the state and must, therefore, be respected by all members.
He warned lawmakers against being insolent and arrogant to their people to the extent of shutting them out after each election cycle, saying such would no longer be condoned.
“So I am appealing to all of you. If you were born with arrogance, please just drop that ticket here”, he said.
The governor hinted that after the next cycle of elections, the process of recalling lawmakers who made themselves “tin gods” would be activated.
“Well, they say they don’t recall people from parliament, but this will be the first time.
“Anybody whom the people say they are tired of will be brought back home. Anybody who goes and forgets his people completely and doesn’t care, thinking that during elections he will come and pretend to be a good man, will be brought back.
“And we are making this very, very clear. We will not fail in what we have said. I am working tirelessly; I don’t sleep. If you are going into office during this period, there will be no sleep for you”, he said.
He advised politicians not to ignore their people who hold the power, insisting: “You cannot overlook them and become so arrogant and pompous that you don’t know your people.”
Gov. Otu also advised members of the ruling APC, who lost at the just-concluded party primaries in the state, not to defect to opposition parties like the Nigerian Democratic Congress (NDC) or the African Democratic Congress (ADC), warning that they would suffer untold hardship and would not make any political headway, if they did.
“There are some kwashiorkor parties that are registering people. Such parties are wasting their time and not even my time. They cannot do anything.
“I don’t want anybody to suffer the fate I suffered. That’s why I’m warning those aggrieved aspirants who lost not to go the way of those parties to avoid unnecessary suffering.
“I don’t want anybody to go that route. It’s an absolute waste of time, energy and people’s future, because at the end of the day, you will drag people into that bottomless pit.
“And when you drag them there and can’t take care of them, you begin to rot, you begin to die. May God give me the energy and power to sustain.”
He appealed to the aggrieved APC members, saying: “There’s nothing that we cannot settle. God’s time is the best. Whatever we’ve done is for the common good of all of us.”
2027: INEC APPEALS JUDGMENT ON ELECTION GUIDELINES
The Independent National Electoral Commission (INEC) has appealed the judgment of the Federal High Court in Abuja which nullified aspects of the Commission’s 2027 General Election Guidelines.
The appeal, filed before the Court of Appeal, seeks to overturn the judgment delivered on May 20, 2026, by Justice Muhammed Umar of the Federal High Court, Abuja.
The trial court had nullified the provision in the guidelines directing political parties to submit their membership registers and databases by May 10, 2026, as part of the conditions for participation in the 2027 General Election.
The suit challenging the directive was instituted by the Youth Party, which argued that the Commission’s timeline was inconsistent with provisions of the Electoral Act 2026.
In his ruling, Justice Umar held that INEC could not lawfully shorten the timeline stipulated under Section 29(1) of the Electoral Act 2026 regarding the submission of party membership records and candidates’ particulars.
However, INEC, through its counsel, Chief Alex Izinyon, SAN, filed a notice of appeal dated May 25, 2026, asking the appellate court to set aside the judgment.
The Commission also filed a motion seeking an order staying the execution of the judgment pending the hearing and determination of the appeal.
INEC raised nine grounds of appeal, arguing among others that the trial court failed to determine the jurisdictional issue concerning whether the suit was hypothetical and academic in nature.
The Commission further contended that the respondent lacked the locus standi to institute the suit and urged the Court of Appeal to strike out the case accordingly.
INEC maintained that its actions were in line with its constitutional mandate to ensure the orderly conduct of elections and effective electoral administration ahead of the 2027 General Election.
WHY I ENDORSE TINUBU’S SECOND TERM BID — ADELEKE
Governor Ademola Adeleke of Osun State has explained that his decision to support President Bola Tinubu’s bid for a second term in 2027 was influenced by moral responsibility and the need to sustain developmental progress.
The governor said his endorsement was not based on political calculations alone but on what he considers appropriate in view of the relationship between Osun State and the President, as well as ongoing projects benefiting the region.
The position of the governor was disclosed in a statement issued on Monday by his spokesperson, Mr Olawale Rasheed.
According to the statement, Gov. Adeleke spoke on Sunday after conducting an inspection of the ongoing construction work on the Ibadan–Ile Ife–Ilesa Expressway.
During the visit, the governor reportedly commended President Tinubu for embarking on major infrastructure projects across Osun State and other parts of the South-West.
Gov. Adeleke noted that infrastructure development remains essential to economic growth and improved connectivity among communities.
He acknowledged the significance of road projects currently underway, stressing that such investments are expected to contribute to easier transportation, commercial activities, and broader development outcomes within the region.
The governor also highlighted the importance of leadership support in facilitating projects that have direct effects on residents.
He indicated that recognition should be given where efforts are being made to improve public infrastructure, particularly projects capable of enhancing movement between states and strengthening economic interactions in affected areas.
According to the statement, Gov. Adeleke’s remarks came while assessing the progress of the expressway project, which has continued to attract attention due to its strategic role in linking major cities within the South-West.
The governor reportedly used the opportunity to express appreciation for federal involvement in projects impacting Osun State.
His comments further reflected his view on political and regional ties, especially considering Osun State’s historical connection to President Tinubu.
Gov. Adeleke suggested that such considerations, alongside visible developmental initiatives, shaped his decision to openly support the President’s anticipated re-election effort in 2027.
He said, “I am the governor of the ancestral birthplace of Mr President. How can I have my own in the saddle and think twice before embracing him?”
IPAC specifically said that INEC guidelines cannot supersede constitutional provisions or extant electoral laws.
The Council, which stated these while appraising the judgement of the Federal High Court, stressed that the court judgement specifically addressed exclusionary conditions capable of disenfranchising aspirants and party members during primaries.
This is contained in a statement by the National Publicity Secretary of IPAC, Mr Martins Egbeola, stating that the judgment was a reaffirmation of constitutional supremacy, democratic principles and the rule of law within Nigeria’s electoral process.
IPAC said that even though INEC possesses powers to issue election guidelines, such powers must however, operate strictly within constitutional provisions and electoral laws.
It noted that the court judgment represented a major victory for democracy, political parties and citizens participating in Nigeria’s electoral process.
IPAC also said that the court judgement had restored the constitutional rights of political parties to manage their internal affairs democratically without unlawful interference through administrative directives.
“The judgment would ensure equal opportunities for eligible members to participate in party primaries without discriminatory or exclusionary conditions.
“The INEC Chairman should deepen engagement and consultation with political parties on issues concerning electoral administration and reforms.
“Greater dialogue and collaboration between INEC and political parties would help prevent avoidable disputes and litigation arising from controversial guidelines,” IPAC stated.
Prof. Yilwatda stated this while speaking on a live television interview programme.
According to him, the ruling APC was not focused on fighting opposition parties, claiming that the political battle was currently between the African Democratic Congress (ADC) and the Nigeria Democratic Congress (NDC).
He said, “In the last three weeks, the APC has not been fighting ADC or NDC. It is NDC versus ADC or ADC versus NDC.
“Actually, I watched with fun all the insults that the ADC is raining on the NDC and the NDC is returning those fireworks on the ADC.
“I watched the videos, and I laughed. The self-implosion is in the opposition rather than in the APC.”
When asked whether he was orchestrating the crisis in the opposition, Prof. Yilwatda denied the allegation but said weakening the opposition was part of politics.
He said, “No, I can’t. But I will be happy if I can do it. That’s my job.
“If you are opposing me, should I be happy? If you oppose me because you are in the opposition, what’s my job? Of course, to stop the opposition.”
The APC chairman also said the ruling party had stronger conflict resolution mechanisms than other political parties.
According to him, the party had committees at national and state levels to resolve internal disputes arising from congresses and other activities.
Speaking on the APC membership register and the votes secured by President Bola Tinubu during the party’s presidential primary, Prof. Yilwatda said the party relied on data from the National Identity Management Commission (NIMC) for its registration process.
“To register as a member of the APC, your name and primary data are sourced from NIMC. That’s the same primary data that is used across the country to open a bank account, get a driver’s licence and secure an international passport.
“So we’re the only political party that sources our primary data from NIMC. This is why people have seen the APC as one of the most politically viable and stable parties. We are a data-driven political party,” he stated.
RIVERS ADC PRIMARY: ASPIRANT REJECTS OUTCOME, ACCUSES AMAECHI OF IMPOSITION
The governorship primary of the African Democratic Congress (ADC) in Rivers State has been thrown into turmoil after aspirant Mr Allen Idaso Ezekiel-Hart rejected the outcome and accused former governor, Mr Rotimi Amaechi of imposing a candidate.
Mr Ezekiel-Hart described the exercise as a “shambolic charade” and said it had produced three separate governorship primary “winners” within the same party.
“Right now, we have three governorship candidates in one party, all thanks to Amaechi’s high-handedness,” he told journalists in Abuja on Monday.
He warned that the situation could plunge the opposition party into crisis ahead of the 2027 elections if the national leadership fails to intervene.
According to him, while the party’s timetable fixed May 23 for the primary, aspirants were informed late Friday that the exercise had been moved forward.
Mr Ezekiel-Hart said he was mobilising supporters across the 23 local government areas when fellow aspirant, Hon. Farah Dagogo, informed him that a parallel process had already been conducted.
He accused the state party chairman, Mr Chukwudi Dimkpa, of inviting only five aspirants loyal to Mr Amaechi while excluding himself and Hon. Dagogo. The arrangement, he alleged, was designed to clear the path for Dr Gabriel Pidomson, whom he described as Mr Amaechi’s preferred candidate.
He further alleged that three aspirants were persuaded to step down for Dr Pidomson in what he described as a disguised consensus arrangement, despite the party’s public stance against consensus.
Mr Ezekiel-Hart claimed Hon. Dagogo later approached him to jointly resist Mr Amaechi’s camp but asked him to publicly congratulate him as the winner.
“He told me to go on air and congratulate him, saying we are from Atiku Abubakar’s political family and should unite. I told him to stop rubbishing Atiku’s name. Atiku will not be part of this nonsense,” he said.
The aspirant said he rejected the offer and subsequently declared himself winner after Hon. Dagogo made a similar announcement.
“As it stands, Farah declared himself winner, Thompson was declared winner by the state exco, and I also declared myself winner. Three winners in one primary that never held. This cannot stand,” he said.
Mr Ezekiel-Hart accused the Rivers ADC leadership of sidelining him despite being the only aspirant who formally notified the party in writing of his intention to contest.
He also faulted Mr Amaechi for allegedly imposing candidates while demanding transparent presidential primary at the national level.
“How can someone who is demanding transparent presidential primaries at the national level turn around and impose a governorship candidate in Rivers?”, he queried.
He urged the ADC National Working Committee to nullify the exercise and either conduct a fresh primary or adopt a lawful consensus arrangement in line with the timetable of the Independent National Electoral Commission (INEC).
“The most pragmatic thing now is for the NWC to order a rescheduled primary or quickly adopt a lawful consensus option. Time is running against us,” he said.
Mr Ezekiel-Hart said he would pursue all grievances within the party’s constitution and warned Hon. Dagogo against invoking Atiku’s name to bolster his claim.
“We will exhaust every legal channel within the party. I will not rock the boat unnecessarily, but the party must recognise that I won the primaries,” he said.
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