A legal action has been instituted at the Federal High Court in Abuja seeking to bar former President Goodluck Jonathan from contesting the 2027 presidential election on constitutional grounds.
The suit, marked FHC/ABJ/CS/2102/2025, was filed by an Abuja-based lawyer, Johnmary Chukwukasi Jideobi, who urged the court to declare that Jonathan is ineligible to seek the presidency again under the provisions of the 1999 Constitution (as amended).
In his originating summons, Jideobi asked the court to grant a perpetual injunction restraining the former president from submitting himself to any political party for nomination in the forthcoming 2027 election or any future presidential contest.
He further prayed the court to order the Independent National Electoral Commission (INEC) not to accept or publish Jonathan’s name as a candidate of any political party. The lawyer also sought an order compelling the Attorney-General of the Federation (AGF) to ensure strict compliance with any judgment delivered in the matter.
According to the court documents, INEC and the AGF were joined as the second and third defendants, respectively.
The plaintiff posed a single question for determination: whether, given the provisions of Sections 1(1), (2), (3) and 137(3) of the 1999 Constitution, Jonathan remains qualified to contest the presidency under any circumstance.
Jideobi argued that Jonathan had exhausted his two constitutional terms — first completing the unexpired tenure of the late President Umaru Musa Yar’Adua in 2010, and later serving a full four-year term after winning the 2011 election.
In an affidavit deposed to by Emmanuel Agida, the plaintiff described himself as “an advocate of constitutionalism and the rule of law.” He said his action was in the public interest, aimed at preventing what he termed a “breach of the Constitution” should Jonathan attempt another run.
The lawyer told the court that Jonathan was first sworn in on May 6, 2010, following Yar’Adua’s death, and again on May 29, 2011, after winning the subsequent election. He maintained that a third swearing-in, if Jonathan wins in 2027, would violate Section 137(3) of the Constitution.
That section explicitly provides that “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.”
Legal observers have long noted that this provision was introduced in the Fourth Alteration to the Constitution (2018) to clarify term-limit controversies arising from the Yar’Adua–Jonathan succession.
Jideobi insisted that allowing Jonathan to contest again would mean he takes the oath of office for the third time, which he said runs counter to both the letter and spirit of the Constitution.
“If the former president is allowed to contest and wins, he would be taking the oath of office as president for the third time, contrary to constitutional intent,” he stated.
He further emphasized that the suit was necessary to “preserve the integrity of Nigeria’s constitutional order” and prevent what he called an “unconstitutional extension of tenure.”
No date has yet been fixed for the hearing of the case.
Under Section 137(3) of the 1999 Constitution (as amended), a person who completes another president’s tenure and subsequently serves one full elected term cannot seek re-election again.
Jonathan had previously handed over power to President Muhammadu Buhari in May 2015, after losing his re-election bid.
If the Federal High Court rules in favor of the plaintiff, it could establish a historic precedent on how Nigeria’s two-term presidential limit applies to leaders who once assumed office mid-term.
It will be recalled that Festus Keyamo, the Minister of Aviation and Aerospace Development, recently warned that the People’s Democratic Party (PDP) risks disqualification in the 2027 elections if it nominates Jonathan as its presidential candidate.
