The former Southeast spokesman of President Bola Tinubu, Denge Josef Onoh, has declared that former President Goodluck Jonathan remains constitutionally qualified to contest the 2027 presidential election.
Onoh’s position came in response to a statement by President Tinubu’s Special Adviser on Information and Strategy, Bayo Onanuga, who suggested on Monday that Jonathan’s eligibility for the 2027 contest may ultimately be determined by the courts.
Dismissing the claim, Onoh insisted the matter had long been settled in Jonathan’s favour through judicial rulings that remain binding. He described any contrary position as a “wild chase legal excursion.”
Speaking to journalists in Yenagoa, Bayelsa State, on Tuesday after obtaining a certified true copy of the judgment, Onoh stressed that Jonathan’s eligibility under constitutional term limits had been firmly established.
“Therefore, President Tinubu should not be deceived by anyone telling him otherwise. This was exactly how Jonathan’s inner cabal during the build up to 2015 elections deceived him into believing that he was invisible, that Nigerians loved him, to the extent he was too carried away that he felt invisible and never saw Tinubu coming.
“Tinubu was the invisible magician that cast the spell that led to Jonathan’s loss at the polls. The President should not fall in the same trap by the voices that surround him now. The one major sincere voice he should listen to is his wife, many will betray him in the coming months,” Onoh cautioned.
He recalled that in May 2022, the Federal High Court in Yenagoa (Suit No. FHC/YNG/CS/86/2022), presided over by Justice Isa H. Dashen, ruled that Jonathan is constitutionally eligible to contest the presidency again. The case was filed by APC members Andy Solomon and Ibidiye Abraham against Jonathan, the APC, and INEC.
Justice Dashen held that Jonathan’s assumption of office on May 6, 2010, following the death of President Umaru Musa Yar’Adua, was not an “election” under Section 137(1)(b) of the 1999 Constitution (as amended), but rather a succession to complete Yar’Adua’s unexpired term. Consequently, it did not count toward the two-term limit for elected mandates.
Onoh added that Jonathan was only elected once, in 2011, and his unsuccessful 2015 reelection bid did not exhaust his constitutional allowance. He further clarified that the 2018 constitutional amendment—via Section 137(3)—which bars anyone sworn in twice from further contests, does not apply retroactively to Jonathan.
“The 2018 constitutional amendment (via the Fourth Alteration Act), which added Section 137(3) to bar anyone sworn in twice from further contests, does not apply retroactively to Jonathan. The amendment postdated his tenures (2010–2015). It cannot retroactively disqualify rights accrued under the pre-amendment framework,” Onoh explained.
He also cited precedents, including the Court of Appeal’s 2015 ruling in Cyriacus Njoku v. Goodluck Ebele Jonathan (2015) LPELR-24496(CA), which excluded Jonathan’s 2010 oath from term-counting calculations.
Onoh emphasised that the 2022 judgment has never been appealed despite the 90-day constitutional window, making it final and binding under the doctrine of res judicata.
“Hence I urge Mr. President not to listen to anyone who comes to spin him with legal possibilities of Jonathan’s eligibility because Nigerian jurisprudence, including Supreme Court decisions like Marwa v. Nyako (2012) 6 NWLR (Pt. 1296) 200, upholds such precedents to ensure legal certainty and prevent endless challenges to settled rights,” Onoh stated.
He further argued that invoking new court scrutiny ignores judicial finality. “Any hypothetical challenger today would face dismissal for delay, as the core facts (Jonathan’s oaths and elections) are historical and were adjudicated in 2022,” he said, citing the Supreme Court’s stance against “stale” claims, including in A.G. Federation v. A.G. Abia State (2001) 11 NWLR (Pt. 725) 689.
Onoh also referenced an earlier 2013 Federal High Court ruling by Justice Mudashiru Oniyangi (Suit No. FHC/ABJ/CS/231/2013), which cleared Jonathan to run in 2015. That judgment, also unchallenged, formed the foundation for the 2022 decision.
“This chain of unassailed judgments creates an impregnable legal shield. So, in my opinion, eligibility is a settled constitutional right, not open to political conjecture,” Onoh maintained.
He added: “To honour the rule of law, if Jonathan enters the 2027 race, I advise President Tinubu to engage on visions for economic revival, security, and unity. This elevates the conversation, respecting Jonathan’s cleared path while focusing on voters’ priorities. Nigeria’s democracy thrives when legal finality frees space for ideas, not recycled litigation.”
