The Federal High Court's decision clearing former President Goodluck Jonathan to contest the 2027 presidential election is based on the legal principle that constitutional amendments cannot apply retroactively to individuals who left office before the amendment took effect; since Jonathan left office in 2010 and the relevant amendment was passed in 2017 and operational in 2018, he remains eligible to run, though he must do so under a political party recognized by INEC and the courts.
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2027 Presidency: Should Jonathan Return? Monday Ubani Speaks on TV360Added:
2027.
All right, joining me to discuss this further now is Dr. Monday Bonnie who is a senior advocate of Nigeria as well as a political analyst. Dr. Bonnie, thank you very much for coming on the program.
Help us to understand this judgment by the Federal High Court now clearing the way for former President Goodluck Jonathan to run for the office of president again.
>> Yeah, I I want to sound a a cautionary note. I've not uh I've not uh gotten the certified true copy of the judgment. So, whatever I'm going to say is based up on what I read uh on the internet.
>> Mhm.
>> Uh what I understand that judgment to uh to to mean or to say is that the person that sued that brought the matter to court lacked local standi. You know, there is a principle in law. It's a concept >> Mhm.
>> uh that is used in public interest litigation that when you come to court uh to ventilate a very matter that affected affects all uh all members of the society you must show personal injury. You must establish that you your interest is affected. There is an obligation or right that has been breached by that particular action you're complaining about.
If you're unable to establish your locus, your standi, your standing in the in the case, the case will be dismissed against you and then costs awarded. And the court will regard it as an abuse of power. It's a It's a concept that have evolved over time. While other nations have liberalized the concept of locus, Nigeria has maintained a very strict approach by still sticking to injury test. You must show personal injury.
>> So, in other words, in other words, what what you're saying is that um the court did not delve into the main matter itself. That is some the substantive matter, so to speak.
>> So, when when I didn't get that information from the internet, so I have to call the lawyer that actually handled the case on behalf of President Jonathan >> The thing has passed again.
>> and solicitor general of advocate of Nigeria and he happens to be a very good Yes, which is so I called him and said look, did the court also decide the matter on this merit? Did they Did they go Did the court go into the merits of the matter? He said yes, in a way.
You know you know that the court have found the earlier decisions you know that had been reached in this particular matter.
You know there have been decisions both prior and post amendment of the constitution.
>> Mhm.
>> In 2015 I think when President Jonathan wanted to run for the office of the president somebody went to court to challenge that he has taken an oath before and so he cannot in any way contest again.
I mean that was the position. Somebody went to court to challenge that he sometime in 2015 and that was in Abuja.
And the court held that the president was qualified to run for 2015 general election.
Now there was an amendment of the constitution the court I mean you know it is stated that when you have taken oath twice you cannot in any way contest for the third time under the 1999 constitution. But the problem with that particular decision I mean case I mean provision of the law is that the law does not apply retroactively.
That particular amendment was done in 2017 I think and became operational in 2018.
So if that particular law was not in existence when President Jonathan run for 2015 election and was not in existence when the president took over the remaining number of years you know outstanding for to complete the tenure of then president Yar'Adua late president Yar'Adua then I it is very difficult to now apply that amendment to President Jonathan because the law all over the world is retrospective.
It's not I mean it's prospective.
It applies for the future unless the law specifies otherwise. It's not retroactive.
So, if you now apply the law that was amended in 2017, operational in 2018, to matters that happened in 2010 and 2015, then that would be very difficult because the law didn't say so. So, I'm sure if the court now approves that decision that was rendered also immediately after 2000 and uh I think 2019 when President Jonathan was gearing to run, and it became apparent that somebody went to court to go and challenge and the court held that that particular amendment did not apply to him because it's not retroactive.
It is retrospective. So, that has been the position of the law until now. So, if the court now affirmed those decisions, it doesn't mean that the court went into the merits of the matter. As I said earlier, I have not seen the copy of the of the judgment. I have not I have not received the certified true copy. What I'm, you know, saying is based upon what has been reported on the internet. And so, the position today is that President Jonathan is actually qualified to have already expressed that opinion before now in another brother channel where I said that President Jonathan is qualified to run, you know, based upon the statutory decision that has been I mean, based upon decided cases, then also based upon the enactment itself that that is used to say he's he's qualified.
That law was made after uh 2010 after 2015. So, there's no way it could have applied, you know, to him retroactively.
>> A- And And you I mean, you're you're right because you made reference to that alteration now. And that's alteration number That's the fourth alteration now, alteration number 16, Act 2020 2017. Of course, that alteration was made in 2017 and the late President Buhari of course signed it into law in 2018.
And of course, he made amendments to section 137 and 182 of of of the Constitution relating to the tenure of the the president and of course the the the the governor. So, of course, new sections were introduced. Um But let me ask you this. Um Now that he would have been Well, whether we like it or not, because the truth is that if if President Jonathan had won the 2015 election, he would have gone on to govern. So, it obviously shows the law actually allowed him at that time to to contest. And so, this alteration never had anything to do with him. And just as you said, the law cannot work retroactively. But let me ask you this. President Jonathan has actually not officially confirmed that he would be running. We know that a faction of the PDP has cleared him to run. What then is the implication?
Because this is a clearance now by a faction that we are not absolutely sure is recognized by the law. You know, recognized by the court or recognized by INEC considering the the problems in the PDP.
>> When you ask me to discuss politics, I am not I I I don't know which of the factions are fully being recognized by INEC. And by saying that the President Jonathan is qualified to run, I'm not in any way validating his choice, you know, as a presidential candidate. That is his personal choice.
I'm only looking at law purely.
And looking at the position of the law, presently President Jonathan is qualified to run under a political party. And of course, under a political party that is recognized also by by law and by by INEC.
If he runs under a political party that is not recognized by law and by INEC, that would be a that's going to be a problem for for him.
Uh so, that that is in fact that would be the summation of what I want to say.
He must run under a platform that has a uh uh the pronou- the validity of courts, you know, having pronounced it as being a valid political party. But, if he runs under a political party that is not recognized by INEC and by law, he he will run into a problem.
>> Now, away from uh you know, legal issues. Now, let let me ask you this question as a political analyst as well.
Look, uh you know, President Jonathan has gone on to become an elder statesman, whether or not you know, anyone likes it. After he lost the election, um and conceded defeat, his profile, of course, rose across the continent. Um you know, he's an elder statesman, not just in Nigeria, but highly regarded across the continent.
Uh constantly invited, of course, to to monitor and observe elections in other countries and all of that. Do you think he should step into the ring again in, you know, in in 2027? Should he be contesting?
Um I'm just wondering. What what's your take on that?
>> Okay, the wife I align with the wife's statement that said what they they forget uh uh in the in the villa that they are going back to.
Uh Jona- President Jonathan has actually acquired the the status of an international statesperson, highly respected in the world, you know, a man who, according to history, you know, said that the life of an individual is not worth wasting, you know, on on grounds of political fight and all that, which which again everyone I you know, I really, you know, gave credence to him really praise and commend such a posture in of a man. You know, where Nigerian politicians want to kill themselves, you know, for political gain. But, this is a man that said he walked away peacefully and and ensured that Nigeria, you know, survived.
So, having played that role and received international respect and international standing and and and all over the all over the country, one is wondering why President Jonathan would want to come into into the fray. He want to, you know, come and contest for uh presidential election. You see that he's going to the possibility of his winning is very remote.
He's no longer as popular as, you know, if he thinks he's very popular.
President Jonathan may not even win, you know, in his state, you know, presently speaking, you know, I mean, in his uh particular state where he comes from.
So, why would he want to come and embarrass himself? You know, that's this is my own personal opinion.
He has attained an international status, you know, that is worth that is worth returning. That, you know, forever he will never he'll never he'll never be forgotten in the history of Nigeria. So, he has been a president of the country. He came in God God gave him an opportunity to take over from his uh predecessor.
And then he became a president, you know, you know, while I Let me Let me He was once even a deputy governor. He was not even a He was not He was a deputy governor and then from there he rose to become vice president. From there he became the president. From there he won an election. And God has blessed him and he has good health. He has good family.
He has good wife. So, what is he coming back to come and put himself into, you know, the struggle of trying to and then people will start messing and be saying a lot of things that they shouldn't say about him. So, it is my own personal But if I am in his shoe, I would want President Jonathan to walk away and retain his status, retain his name, retain his integrity, and retain the international respect he has garnered over time due to what he has done in Nigerian political history. But if he wants to throw his hat into the rings, you know, he's he's welcome. But I tell him that he may not likely win a Nigerian election again as a president.
It is not possible. The dynamics are not there in his favor. And that is the truth of the matter. If he wants an advice from me, I'm telling him to walk away and then enjoy what God has done for him, giving him good health, good wife, good family, and then a reputation that is clearly, clearly high.
>> All right. Dr. Banji, we'll just have to leave it there. Thanks a lot for your time and thanks for coming on the show.
>> Thank you for the opportunity, Deji. I'm very happy you're back, you know. I missed I missed your station. I missed your station.
>> Thank you. Thank you very much. All right, we'll take a short break and we'll be right back. Stay with us, don't go away.
>> On Digi360, we give you a complete dose of everything. Opinion, facts, and undiluted truth.
>> I hardly believe what politics have failed in this part of the world. A new Nigeria is possible. The future is possible.
>> We delve into the issues, dissect it, so that you can understand it, use it to take action.
>> I don't think there's any need for go any governor to look for grant for ranching.
>> Digi360, dissecting the issues.
>> Welcome back. Let's continue our discussion now on the decision by the Federal High Court clearing former President Goodluck Jonathan to contest for the 2027 election. And I've been joined by Liborous Oshoma, who is a lawyer and a political affairs analyst.
Uh Thank you very much, uh Liborous, for joining us on the program. Give me your take on this court judgment. What what what exactly does it mean? Because you know, the case actually was struck out struck out now uh for lacking in merit.
Or or locus standi, so I should I should say.
>> Yeah, two things.
The case was struck out for locus that um the applicant had not shown anything he suffered if Jonathan contests the election. And then secondly, on the ground that um was an abuse of court process. This Federal High Court, having dealt with the matter before, including the court of appeal and that. So, consequently, the Federal High Court cannot, Justice Liman, said he cannot sit on appeal over a decision that had been dealt with by the court of appeal. But, I think that's not the main issue for me. I think it is to keep this issue alive. That's why the matter actually went to court in the first place because, if you remember, sometimes is it 2017 or 2018 or 2019 or so, one Cyril Ikuenjo approached the Federal High Court in Yenagoa with Justice Liman also referred to um uh seeking for another restraining Jonathan from contesting.
>> Mhm.
>> And the Federal High Court in Yenagoa held that Jonathan, for all intents and purposes, was qualified to contest and that the amendment of the constitution then did not apply to him having left office before the amendment took effect.
>> Yeah.
>> And to that extent, that Jonathan was qualified. So, uh the matter went to court of appeal later and the court of appeal agreed with the justice of the judgment of the Federal High Court in Yenagoa. So, um these same issues coming up again before another Federal High Court having been dealt with by the same Federal High Court was, to me, it was an abuse of court process. But, I think, like I said, the time for appealing the judgment of the Federal High of the court of appeal having lapsed.
And so, the only way you can keep this matter alive or you can bring life back into the narrative is to approach the court again. And then, subsequently, after this judgment now, I think the parties might still go, if I preempt the way politics is played in Nigeria, might still go to the court of appeal and then, eventually, the Supreme Court so that the Supreme Court will now be the final determinant of that eligibility because it's like an albatross keep hanging. Can he can he not? Even though Jonathan himself though had not denied the fact that he's not contesting has also not come out openly to say he wants to contest election. Even the PDP that are offering him a ticket are clearing him also at it's not the PDP recognized by INEC.
>> Yes, I was I was going to ask you that I mean this this PDP that has given him the ticket cleared him.
I mean is is it legally recognized now?
But but I mean >> No.
>> But by the court [laughter] and by INEC.
>> The PDP recognized by INEC is the Yea some Wiki faction of the PDP that by virtue of the Federal High Court judgment in the battle delivered on them sometimes on the 30th of January 2026 recognizing the PDP led by Yea some Wiki. The one led by Sammy Turaki their congress have all been nullified and then also the issue of leadership not being part of what the Supreme Court eventually decided. So the substitute court judgment of the Federal High Court of the 30th you know it's still subsisting. So to that intent and purpose it is the Wiki led faction that is recognized by INEC.
>> But let me ask you let me ask you quickly because that I mean this this >> Okay. Okay.
>> Because Shay Makinde is a member of the Sammy Turaki of the Sammy Turaki led faction.
Shay Makinde is contesting on the APM.
So his faction of the PDP is requesting of granting Goodluck Jonathan clearance yet a staunch member of that faction is contesting on that APM. I don't know already dividing their votes.
So that's why I think that this is a joke taken too far.
>> But look let me ask you this. You know President Goodluck Jonathan of course has not he's been prevaricating if you like.
You know sort of hedging if you like has not has not actually come out openly to say he would be running. Uh the last time a group of people actually went to him, he came out to address them and said his status his current status now as an international statesman.
>> Uh DG, you already said it clearly. Um Goodluck Jonathan, since uh 2015 when he handed over power after his defeat, has been elevated to an international statesman. He's been everywhere in Africa observing uh elections. And then also, it's um in the league of um elders patriots, African patriots, and then elders who are resolving conflicts in Africa. He like um he said in that uh uh what do you call it a visit?
>> Mhm.
>> The con- con- contesting a presidential election is not a tea party.
>> Exactly.
>> It takes a whole lot. So, he also understands what it takes to conduct a to contest a presidential election. So, I think one of the ways of just um you know uh being politically, you know, correct is to say he will consult widely because anybody that wants to contest a presidential election that is still prevaricating at this stage really is not serious. But even if he's serious, I think Goodluck Jonathan has been elevated to a level uh and his name written in gold in the sand of time that he should just rest. It wasn't as if his tenure was all so, you know, good as well as Dorado and Nigerians are missing him so much. People who want to pull him into the ring are doing it for political gain or knowing fully well that as an alternative as an alternative can be an alternative to the president since the south is a system that also must do two four years, eight years and that is remaining a four years after Tinubu. And so, the only person whose stature truly you can vouch for to take four years is Goodluck Jonathan. But another thing those people do not know, assuming President Bola Ahmed Tinubu decide not to contest today, and you bring in Jonathan, what is the guarantee that Jonathan will subsequently hand over to one of theirs that will not also want to pick his successor. So, I think Jonathan it's he's he's too too elevated now to want to for lack of a better word, you know, stain his lineage in in the muddy waters of Nigerian politics of today. Also considering the fact that since he left office in 2015, he has resigned from partisan politics and has been playing that role of a elder statesman. He should just remain like that and the respect and his name that has been written in gold in the sand of time despite his tenure in office despite the challenges, he should not he should not stain it. He should, you know, refuse to be dragged into the murky waters of politics. For example, for example, for example,
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