Why Jonathan Is Not Eligible to Contest in 2027 — Justice Salami

Former President of the Court of Appeal, Justice Isa Ayo Salami, has said that former President Goodluck Jonathan is constitutionally barred from contesting the 2027 presidential election.

Justice Salami explained that Jonathan’s return to the presidency would breach the constitutional limit of two terms, which allows a maximum of eight years in office. He warned that any attempt by Jonathan to contest could be nullified by the Court of Appeal and upheld by the Supreme Court.

Citing Sub-section (3) of Section 137 of the 1999 Constitution as amended by the Fourth Alteration Act No. 16 of 2018, Salami said Jonathan’s 2027 presidential ambition is “dead on arrival.” He cautioned those encouraging the former president to take heed, likening their actions to that of “land speculators” who ignore legal warnings.

In a written opinion, the retired jurist stated that the constitutional amendment clearly disqualifies any individual who has previously completed another president’s term from contesting again. Jonathan had completed the remainder of late President Umaru Musa Yar’Adua’s tenure before winning the 2011 election.

Salami dismissed claims that the amendment cannot apply retroactively, clarifying that while retroactive laws are barred in criminal matters, they can apply in civil or constitutional contexts. He argued that any amendment to the Constitution “relates back to the date the principal enactment came into force.”

According to him, the question is not about interpreting the amendment itself, but about whether Jonathan’s case falls under its provisions—which, he asserted, it does. He maintained that the 2018 alteration forms part of the 1999 Constitution and must be applied as such.

“The hue and cry that there has been a retroactive legislation is most unjustifiable,” he said, adding that the Constitution, unlike ordinary statutes, represents the supreme law of the land and cannot be overridden on claims of retroactivity.

Justice Salami concluded that any attempt by Jonathan to contest in 2027 would fail legal scrutiny, as it would amount to exceeding the constitutional limit of two presidential terms.