Retired Court of Appeal President Justice Ayo Salami has recently asserted that former President Goodluck Jonathan is barred from contesting the 2027 presidential election. According to Salami, the Constitution contains a provision that prevents Jonathan from running again in 2027, prompting him to urge readers to check the comment section for further details.
The key constitutional clause in question is Section 137(3) of the 1999 Constitution (as amended), which states that a person who was sworn in to complete another person’s term “shall not be elected to such office for more than a single term.”
Because Jonathan became president in 2010 after the death of President Umaru Yar’Adua and was later elected for a full term in 2011, some interpret this to mean he has already exhausted his allowable time in office. Salami’s view aligns with the argument that this provision disqualifies him for a second elected term in 2027.
However, a number of legal scholars and court decisions have reached the opposite conclusion. The Court of Appeal in Cyriakus Njoku v. Dr. Jonathan & Ors (2015) held that Jonathan’s initial assumption of the presidency in 2010 was not an election but a constitutional succession, so his elected term began only in 2011.
Because of that, many analysts argue that Section 137(3) does not retroactively apply to him, and he remains constitutionally eligible to run again.
This line of reasoning is supported by the principle that statutes generally operate prospectively unless they clearly state otherwise, and the 2018 amendment to Section 137(3) contains no explicit retroactive intent.
Consequently, the claim that Jonathan “can’t run” in 2027 hinges on a contested interpretation of the Constitution.
While Justice Salami contends the provision blocks a second elected term, existing case law and legal commentary maintain that Jonathan is still eligible because his 2010 succession was not an elected term and the law does not apply retroactively.
The matter remains a legal debate, and no definitive court ruling has yet barred him from the 2027 race. The full text of the Constitution, relevant court precedents, and any forthcoming judicial clarification will be crucial for a final determination.
