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Judgement: Jonathan Can Run For 2027 Presidential Election

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As the possibility of former President Goodluck Jonathan contesting the 2027 presidential election continues to heat up political discussions, a previously unpublished judgment delivered by a Federal High Court in Yenagoa, Bayelsa State, affirmed that Jonathan was well qualified to contest presidential election.
Two members of the APC in Bayelsa had gone to court in 2022 to determine Jonathan’s position, given the high stakes northern lobby to mobilise Jonathan to replace late President Muhammadu Buhari before the now President Tinubu eventually clinched the APC ticket.

Aides to the former President said he is still consulting on whether to throw his hat in the ring for 2027. Sources close to the former President told THISDAY last night, that he has been approached by three political parties – each wanting him to contest the presidency on their platforms. The Peoples Democratic Party, PDP, the New Nigeria Peoples Party, NNPP and the recently formed coalition, the African Democratic Congress, ADC – all jostling for the former President who many see as one of the most viable candidates that can give the incumbent President Bola Ahmed Tinubu a good run for his money.

This calculation is based on the fact that Jonathan can only legally seek one more term and could assuage the feelings of northern voters who accuse President Tinubu of marginalisation.

 

A claim that the presidency has vigorously denied.

The judgment delivered by Justice Isah Dashem of the Federal High Court, Yenagoa, on May 27, 2022 but obtained by THISDAY yesterday, put to rest the contentious constitutional amendment of Section 137(1)(b) and 3, as it affects Jonathan.

Various analysts led by the Minister of Aviation and Aerospace Development and Learned Silk, Festus Keyamo, had claimed that the PDP may put its presidential chances in 2027 at “risk” should they field Jonathan going by the provisions of the above section from the amended Constitution in 2018. However, Keyamo did not disclose or was unaware of the judgement of Justice Dashem.

The judgment, which has not been appealed or set aside remains subsisting. And it is now out of time for any appeal after 3 years since it was delivered
In the 2022 suit with number: FHC/YNG/CS/86/2022, the two APC members sued Jonathan, APC and the Independent National Electoral Commission (INEC), over rumour that the APC had planned to field the former president as its presidential candidate in the 2023 general elections.

Their grouse was that Jonathan’s participation would ruin the chances of the APC having taking oath of office twice as president.

The sole issue raised for determination was “Whether, in view of the provisions of | Section 137(1)(b) and (3) of the Constitution of the Federal Republic of Nigeria 1999 (as altered) and the fact that Jonathan had earlier been sworn-in as the President of the Federal Republic of Nigeria in 2010 and 2011 respectively, whether he is qualified to contest for the office of the President of the Federal Republic of Nigeria in the 2023 General Elections to be organized by the 3rd Defendant.”

The plaintiffs, Andy Solomon and Idibiye Abraham, through their lawyer, Seigha Egbuwabe, further urged that if the answer to (1) above was in the negative, then the court should determine “Whether the no 2” Defendant was entitled to field the 1st Defendant as its Presidential Candidate in the 2023 General Elections”.
The court was also to determine, “Whether the 3rd Defendant is entitled to disqualify the 1st Defendant from contesting and/or from being presented as the 2nd Defendant Presidential Candidate in the 2023 General Elections.”

Dashem, after taking arguments from plaintiffs’ lawyer and Jonathan, who was represented by Eric Omare, held that Jonathan was eminently qualified to contest in 2023.

Before arriving at the conclusion, Dashem observed that Jonathan was elected first as president in 2011.

“The office into which the ‘election’ stated in Section 137(1)(b) of the Constitution applies to the Office of the President of the Federal Republic of Nigeria and not into the Office of the Vice President. I have perused the entirety of the Plaintiffs supporting affidavit and Written Address and I am unable to find where the Plaintiffs referred this Court contested apart from the elections conducted in year 2011.

“I, therefore, find the Plaintiffs’ contention that the 1st Defendant has been elected to the Office of President on Two (2) previous occasions spurious, baseless and unsubstantiated.

“And I so hold.”

He clarified that although elections into the offices of President and Vice President were conducted simultaneously and upon a joint ticket submitted by a political party, such as the 2nd Defendant, to the 3rd Defendant, the positions of President and Vice President were two different offices.

According to the judge, election of a person, such as the 1st Defendant, into the Office of the Vice President is not the same as his election into the Office of the President and vice-versa.

The judge stated, “A person who is elected into the Office of Vice President cannot by virtue of such election simpliciter, occupy the position of the President of the Federal Republic of Nigeria. I so hold.

“As I have noted above, the Plaintiff did not file a Reply Affidavit to dispute the facts contained in paragraphs 4(i) — (y) of the 1st Defendant’s Counter Affidavit. The legal implication of this failure is that the contentions of the 1st Defendant are deemed to be true.

“In the final analysis, I find that, the evidence before this Court points to the conclusion that the 1st Defendant has only been elected into the Office of the President of the Federal Republic of Nigeria on one (1) previous occasion, which said occasion was in the General Elections conducted in year 2011. And I so hold.

On the provisions of Section 137(3) of the Constitution, Dashem stated that Jonathan was sworn in as president in 2010, to complete the tenure of late President Umaru Yar’Adua and again in 2011, after he won the 2011 presidential election.

He agreed with Jonathan’s submissions that the said provisions, which sought to bar persons who completed another’s tenure from contesting twice, did not apply to him because the law was passed in 2018, when he already had the right to contest and contested in the 2015, general elections.
Dashem said, “As I have held above, the provisions of sub-Section (3) of Section 137 of the Constitution was not part of our Constitution prior to June 7, 2018, when same took effect. It, therefore, follows that the provisions of sub-section (3) was not the position of our law at all material times before June 7, 2018. It also follows that, prior to June 7, 2018, no restriction was placed on the number of times a person who was sworn-in to complete the term of office of a President of the Federal Republic of Nigeria can be re-elected into that Office.

“The 1st Defendant has argued that, since he acquired his right to contest and, if successful, be sworn-in as President after he lost his re-election bid, in 2025, to the current President – President Muhammadu Buhari – it would be unethical to the spirit and intendment of the legislature to take away the right he acquired in year 2015 on the basis of a law that came into effect in 2018.

“Now, the position of the law on retroactive or retrospective application of laws is quite settled. Retroactive laws are which relate or cover matters or acts which occurred before its commencement date.”

The judge added, “Despite my best efforts, I fail to see where the legislature expressed their intention, by express and unequivocal words, that the provisions of subsection (3) of Section 137 of the Constitution should be accorded retrospective application.

“In the absence of such express words, I am constrained to hold that the provisions of Section 137(3) do not enjoy retrospective application. The application and enforceability of the said subsection can only be construed to apply with effect from June 7, 2018. And I so hold.

“In my opinion, the position being propounded by the 1st Defendant is not only tenable but accords with the position of the law. It is the duty of the Plaintiffs to point or direct this Court to where the legislature stated that the provisions of Section 137(3) of the Constitution apply to events and/or rights which have been acquired and/or have been vested in parties prior to June 7, 2018.

“The law is that, he who asserts must prove. See: Section 131(1) of the Evidence Act, 2011. It therefore, behoved the Plaintiffs to provide this Court with facts to support their case. In the absence of such proof, I find that the Plaintiffs have not discharged the burden of proof placed on them by law.

“I, therefore, find merit in the argument of the 1st Defendant that the introduction of sub-section (3) of Section 137 of the Constitution does not affect his right to contest for the Office of the President of the Federal Republic of Nigeria in the 2023 General Elections and be sworn-in as such, should he be victorious at the polls.

“As I have noted above, before, in year 2015 when the 1st Defendant lost his re-election bid into the Office of the President, the restriction imposed by subsection (3) to Section 137 was not in existence. This is why the 1st Defendant despite having been sworn-in as President on May 6, 2010 and May 29, 2011, was able to contest for the Office of the President in the 2015 General Elections.

“Had the 1st Defendant been victorious at the 2015 polls, he would have been sworn-in for a third time without any legal impediment. Therefore, the 1st Defendant acquired his right to contest for the Office of the President immediately his term as President ended on May 29, 2015. Clearly, it is incontrovertible that the Ist Defendant’s right to contest and be sworn-in as President accrued to and was vested in him on May 29, 2015. And I so hold.

“In the final analysis, I answer Question 1 formulated by the Plaintiffs in their Originating Summons in the affirmative.

“I declare that, the provisions of Section 137(3) of the Constitution acquired the force of law with effect from June 7, 2018 and same does not have retrospective application.

“I also declare that, the 1st Defendant is not disqualified by the provisions of Section 137(1)(b) and (3) of the Constitution from contesting for election into the Office of the President of the Federal Republic of Nigeria in the 2023 General Elections.

“Having answered Question 1 in the affirmative, the necessity to answer Questions 2 and 3 have been obviated. However, for the avoidance of doubt, I answer Question 2 in the affirmative also whilst I answer Question 3 in the negative.

“In the final analysis, I answer questions 1 and 2 posed in the Originating Summons in favour of the 1st Defendant and question 3 in the negative and therefore against the 3rd Defendant.

“Consequently, I enter Judgement for the I Defendant and all the reliefs sought by the Plaintiffs in their Originating Summons dated May 16, 2022 (but filed on May 17, 2022) fail and are all hereby dismissed.”

 

-THISDAY

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Politics

Obasanjo’s Son Picks Side In 2027 Race

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Olujonwo Obasanjo, son of former President Olusegun Obasanjo, has backed the re-election of President Bola Tinubu ahead of the 2027 presidential election.

He expressed his support after joining the Tinubu Movement for Sustainable Governance Foundation (TMS), popularly known as the “Tinubu Must Stay” movement, to promote the president’s re-election agenda.

Olujonwo said his decision to join the movement was informed by his longstanding association with the ruling All Progressives Congress (APC) and his belief in the need to sustain the policies and reforms introduced by the Tinubu administration.

He was formally received by the leadership of TMS at a forum in Abuja, where he expressed support for the government’s Renewed Hope Agenda and called for increased public awareness of its policies and achievements.

Olujonwo, who serves as president of the Buhari Youth Organisation (BYO) and Project One Nigeria, as well as Senior Special Assistant to the Ogun State Governor on Housing, said he had been associated with the APC since 2014.

Explaining his political background, he said he was familiar with the party’s formation and its relationship with key political figures, including his father, former President Obasanjo, the late President Muhammadu Buhari and President Tinubu.

“I have been in the APC since 2014. I was there when my father hosted the late President Muhammadu Buhari and President Bola Ahmed Tinubu to form the movement. I am not new to the party,” he said.APC party merchandise

He argued that some of the policies and achievements of the Tinubu administration were not being adequately communicated to Nigerians, adding that misinformation had contributed to negative perceptions of the government.

Olujonwo cited developments in the education sector, infrastructure and access to student loans as areas he believed deserved greater public attention.

“There is a lot of noise out there, and people are distorting what is going on. ASUU has had no strikes. Students have access to loans. Nigeria has become a massive construction site and an investors’ haven again. These are things we need to promote,” he said.

His decision to join the movement comes as political parties and their supporters begin positioning themselves ahead of the 2027 general election, in which Tinubu is expected to seek another presidential term.

The move also places the son of the former president within a political platform established to defend the current administration’s policies and encourage public support for continuity in governance.

Welcoming Olujonwo to the movement, the National Coordinator of TMS and Director-General of the National Information Technology Development Agency (NITDA), Kashifu Inuwa Abdullahi, said his background gave him an understanding of the importance of economic reforms.

Inuwa drew a comparison between the economic reforms introduced during Olusegun Obasanjo’s administration and those being pursued by Tinubu, arguing that both periods involved policies intended to reshape Nigeria’s economy.

He cited telecommunications liberalisation and banking reforms under the elder Obasanjo as measures that helped establish the foundation for subsequent economic development.

“You grew up in a family that led the second wave of reforms in Nigeria. Telecommunications liberalisation, banking reforms—these laid a solid foundation. Being raised in that family, you understand what reforms mean,” Inuwa said.

He urged Nigerians to consider the long-term implications of government policies, warning that reversing ongoing reforms could undermine investor confidence and disrupt economic progress.

According to him, maintaining policy consistency would be important for attracting investment and sustaining developments in key sectors of the economy.

“We are building investors’ confidence. The naira is becoming strong. Our stock exchange is one of the fastest-growing. The Dangote Refinery is a game changer. If we start reversing these policies, we’ll go back to where we were,” Inuwa added.

Also speaking at the event, Marcel Ngogbehei, Director-General of TMS and a former coordinator of the Obidient Movement, praised the economic policies implemented during Obasanjo’s presidency.

Ngogbehei highlighted the former president’s role in securing debt relief for Nigeria and supporting the liberalisation of the telecommunications sector, describing those measures as important contributions to the country’s economic development.

He said TMS intended to promote discussions about government policies through evidence, research and public engagement rather than propaganda.

“We’re happy you have decided to take this step. Your father was one of those who revolutionised this country. The debt was paid off, and major innovations were introduced in liberalising the economy. This is not about propaganda. We will engage respectfully, factually and transparently,” Ngogbehei said.

The organisation said it had established structures across the country, including a Board of Trustees, national coordinators and specialised directorates, to support its activities.

It also plans to use digital platforms, virtual town hall meetings, policy research and fact-checking initiatives to promote the government’s policies and address what it considers misinformation about the administration.

Following Olujonwo’s reception, TMS announced plans to expand its engagement with professional associations, youth organisations and community groups across the country.

The planned activities are intended to increase public participation in governance and communicate the administration’s policies to Nigerians across different states and geopolitical zones.

Meanwhile, Olusegun Obasanjo has previously expressed concerns about Nigeria’s economic challenges, arguing that the country has sufficient natural and human resources to become prosperous.

In an interview on C-Suite Cafe, hosted by Ikem Okuhu, the former president questioned why Nigeria continued to struggle with poverty despite its agricultural potential, vast land, water resources and large population.Buy Maps

“Give me one reason why Nigeria should be poor. Is it the land that we don’t have or the desert that we are in or the people that we don’t have or the water that we don’t have or the rain that we don’t have?” he asked.

Obasanjo also criticised policies that encourage the importation of goods that could be produced locally, arguing that such practices discourage domestic farmers and undermine local production.

He recalled how restrictions on rice imports were introduced in 1979 to encourage domestic production, claiming that subsequent administrations reversed the policy and allowed imported rice to compete with locally produced varieties.

“When our successors came, one of the first things they did was to lift importation of rice, not to encourage production of rice but to encourage importation of rice, and the farmers couldn’t sell their own rice,” he said.

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PDP Moves to Sanction Wike Over Alleged Support for APC

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The Peoples Democratic Party (PDP) has indicated plans to take disciplinary action against members accused of working against its interests, with the Minister of the Federal Capital Territory, Nyesom Wike, among those facing criticism over his alleged support for the ruling All Progressives Congress (APC).Access Services

PDP chieftain Emmanuel Ogidi disclosed the party’s position during an interview on Arise Television on Wednesday.

He discussed the lingering crisis within the opposition party and the steps its leadership intends to take against members accused of undermining its activities.

Ogidi described the situation as internal sabotage and maintained that the party could no longer afford to tolerate actions that weaken its structure, particularly as political activities ahead of the 2027 general elections continue to gather momentum.

He accused Wike of maintaining a relationship with the PDP while allegedly supporting the interests of the APC, arguing that such conduct raised serious questions about loyalty and commitment to the opposition party.

“You can’t serve two masters. He (Wike) is supposed to be serving us in PDP, but he is serving APC. This is a threat to democracy. APC is using him to destroy democracy, and it’s deliberate, but we are very conscious of that and very soon you will hear what will happen,” Ogidi said. Access Services

The PDP chieftain’s comments suggest that the party may be preparing to take a firmer position against members it believes are contributing to its internal difficulties.

However, he did not disclose the specific disciplinary measures being considered or when any formal decision concerning Wike would be announced.

Ogidi also indicated that the party had moved beyond the demands previously presented by Wike’s camp during efforts to resolve the disagreements within the PDP.

His comments point to growing frustration among party members who believe that the disagreements have continued for too long and are affecting the party’s ability to prepare for future elections.

The dispute involving Wike and the PDP has remained a major issue within the party since the 2023 general elections, when divisions emerged over its presidential candidate, the distribution of party positions and disagreements surrounding the political future of its leadership.

Wike, a former governor of Rivers State, was a prominent PDP member before President Bola Tinubu appointed him as FCT minister in 2023.
His appointment placed him in the cabinet of an APC-led administration despite his continued association with the opposition party.

His role in the federal government has since generated disagreements among PDP members, with some questioning how a senior party figure can serve in an administration controlled by a political opponent while remaining associated with the PDP.

Ogidi, however, insisted that the PDP belongs to its members and supporters rather than any individual or faction.

He argued that no group should be allowed to dictate the party’s direction or prevent it from enforcing its rules.

He further warned that the party’s willingness to reconcile with aggrieved members should not be interpreted as an acceptance of indiscipline.

According to him, efforts to bring members together must be accompanied by accountability for actions considered harmful to the party.

The PDP remains one of Nigeria’s major political parties, but prolonged internal crises could affect its candidate-selection process, campaign planning and efforts to attract voters ahead of 2027.Nigeria travel guide

Despite these challenges, Ogidi maintained that the PDP remained strong and capable of overcoming its current difficulties.

He dismissed suggestions that defections, court cases and disagreements over zoning had rendered the party incapable of competing in future elections.

He said the party was focused on ensuring that its forthcoming convention was successful, describing the exercise as an important step in its preparations for the 2027 polls.

Nevertheless, the exact nature of the proposed action against Wike and other members remains unclear, pending any formal announcement by the party’s authorised organs.

The FCT minister has not been quoted in the remarks provided as responding directly to Ogidi’s latest comments.

The allegations against him should therefore be understood as the position expressed by the PDP chieftain rather than an established finding of wrongdoing.

 

 

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2027: ‘False Battle’ – APC Breaks Silence On Rift Between Wike, Governors

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The All Progressives Congress (APC) has dismissed reports of a disagreement between its governors and the Minister of the Federal Capital Territory, Nyesom Wike, insisting that both sides remain committed to President Bola Ahmed Tinubu’s re-election in 2027.

The party’s National Publicity Secretary, Felix Morka, described the reported disagreement as a ‘false battle’.

He maintained that there was no genuine conflict between the minister and members of the Progressives Governors Forum.

Morka clarified this on Tuesday during an interview on Arise Television’s News Day, following Wike’s inclusion in the APC Presidential Campaign Council.

According to him, the governors and the FCT Minister share a common political objective of ensuring Tinubu’s victory in the next presidential election.

“It was a false battle to begin with. I mean, I don’t think there was any real tension between those positions because they united in their extraordinary commitment to the re-election of the president,” Morka said.

He noted that the Progressive Governors Forum comprised governors elected on the APC platform, while Wike, a former Rivers State governor, was a member of Tinubu’s cabinet and a vocal supporter of the President.

According to him, publication of the presidential campaign council list had also clarified the roles of those involved in Tinubu’s re-election campaign.

He said: “Governors, who are not of the APC, now [are] front and centre, coordinating some of our activities in their respective jurisdictions.”

Morka described the development as a new phase in Nigeria’s democratic politics, arguing that the President was bringing politicians from different parties together around a common objective.

The APC spokesperson claimed that the collaboration was unusual in a presidential system, stressing that Tinubu was transcending party differences by building a coalition of political actors to support his administration and re-election campaign.

He said: “We’re seeing a president who is transcending all of the divides and really nullifying what I call the politics of difference between these partisans and bringing them together under the same umbrella to pursue a common agenda for the good of the people.”

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