News Editor
By Dahiru Yusuf Yabo, PGD-CMPC, MCM, MPPA
Political & Security Analyst | Former Commissioner | Publisher, Yabo International Magazine
Dr. Barry Avotu Johnson’s recent article parrots the same flawed interpretation earlier advanced by Dr. Umar Ardo, claiming that constitutional and judicial precedents “ unequivocally” bar former President Goodluck Jonathan from contesting in 2027. This position is baseless on the point of law and disregards both judicial authority and constitutional logic.
Below are the key reasons why his submission cannot stand.
1. Misapplication of Marwa v Nyako (2012)
Dr. Johnson leans on Marwa v Nyako to impose a rigid eight-year cap regardless of how the office was assumed. This is misleading:
The Supreme Court in Marwa was dealing with elected terms under the 1999 Constitution, not constitutional succession due to the death of an incumbent.
Section 137(1)(b) is the governing clause for presidential disqualification: it limits a person to “any two previous elections” — not calendar years. *Jonathan has only been elected once (2011),* so he remains within his constitutional allowance.
Treating a succession term caused by a predecessor’s death as a “full elected term” is legally unfounded and violates the principle of equitable interpretation.
2. The 2018 Fourth Alteration No. 16 is Not Retroactive
Section 137(3), inserted in 2018, states:
“A person who was sworn in as President 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.”
This provision does not say it applies retroactively . In Nigerian constitutional law, amendments operate prospectively unless the legislature expressly states otherwise. Applying this to Jonathan’s 2010–2011 tenure — which occurred seven years before the amendment — is an unlawful retroactive application.
3. Subsisting Judicial Authority Supports Jonathan’s Eligibility
In May 2022, the Federal High Court in Bayelsa ruled:
Jonathan’s 2010–2011 succession was not an elected term.
The 2018 amendment does not apply retroactively.
He has only been *“elected”* once and can lawfully seek one more term.
This judgment stands and binds all parties unless overturned by the Court of Appeal or Supreme Court. Any contrary assertion is legally hollow without such an appellate reversal.
4. Equity, Fair Play, and Natural Justice
Equity abhors unjust deprivation. The Constitution grants every qualified citizen the right to seek election twice. *Jonathan did not voluntarily seek the presidency in 2010;* he assumed it *under constitutional compulsion* after a national tragedy.
To strip him of one elective term for answering that call of duty is discriminatory.
In moral and legal terms, a successor should enjoy the same elective rights as any other citizen, unless the law clearly and prospectively says otherwise — which it does not in Jonathan’s case.
5. Abuse of Legislative Power and Targeted Exclusion
The political timing of the 2018 amendment — passed under an administration that stood to gain from Jonathan’s exclusion — raises legitimate concerns of targeted lawmaking. Constitutional amendments must serve the public interest, not partisan calculations.
6. The Political Party as the Real Candidate
Under *Section 221 of the Constitution,* political parties sponsor candidates. If Jonathan’s party nominates him in 2027, INEC cannot lawfully reject that nomination without a clear, subsisting constitutional bar — and there is none.
CONCLUSION
Dr. Johnson’s argument collapses under the weight of the Constitution, the principle of non-retroactivity, and subsisting judicial authority.
On law: Jonathan has only been elected once; Section 137(3) does not retroactively apply to him.
On equity: Penalising him for a constitutional succession is unjust.
On judicial precedent: The Bayelsa Federal High Court ruling remains valid and unchallenged at higher courts.
Unless and until the Constitution is amended again with clear retroactive effect, or a higher court overturns the 2022 decision, Dr. Goodluck Ebele Jonathan remains constitutionally eligible to contest the 2027 presidential election.
Signed
DAHIRU YUSUF YABO
PGD-CMPC, MCM, MPPA
Political & Security Analyst | Former Commissioner | Publisher, Yabo International Magazine