September 30, (THEWILL) — Former presidential aide, Denge Josef Onoh, has declared that ex-President Goodluck Jonathan is constitutionally free to seek the 2027 presidency, dismissing claims by Bayo Onanuga, the Special Adviser on Information and Strategy to President Bola Tinubu, that the matter may still require judicial interpretation.
Addressing journalists in Yenagoa, Bayelsa State, Onoh said the question of Jonathan’s eligibility had already been settled by a Federal High Court judgment delivered in May 2022 (Suit No. FHC/YNG/CS/86/2022).
He noted that he had obtained a certified true copy of the ruling, which, in his words, “laid the issue to rest once and for all.”
“The Federal High Court decision has not been appealed or overturned within the constitutionally prescribed period. By law, that judgment stands as final. Any further challenge would be barred by res judicata”, Onoh said.
According to him, the court clarified that Jonathan’s assumption of office in 2010, following the death of President Umaru Musa Yar’Adua, was by succession under the doctrine of necessity, not through an election. That period, Onoh argued, does not count under the constitutional two-term limit.
He further explained that Jonathan was elected only once, in 2011, and therefore did not exhaust his constitutional entitlement to serve two full terms in office.
Onoh also dismissed the application of Section 137(3) of the Constitution, introduced by the Fourth Alteration Act of 2018, which bars persons sworn in twice as president from contesting again. He maintained that the amendment cannot operate retroactively.
“Applying that law to Jonathan would amount to an unconstitutional ex post facto action. The courts have ruled on this matter before — in 2013 and again in 2015 — and they were clear that his 2010 succession does not count as an elected term”, he added.
Onoh accused Onanuga and other commentators around the Presidency of “deliberately sowing confusion” to mislead the public.
“Bringing up this issue again is mischievous. The courts have spoken clearly, and that judgment remains the law. Jonathan is free to run if he so wishes”, he declared.
Onanuga had earlier suggested that Jonathan’s eligibility “may be decided by the courts,” a remark that reignited public debate over the former president’s political future.
Political observers say the controversy reflects deepening tensions ahead of the 2027 elections, with Jonathan’s name still resonating as a possible factor in Nigeria’s shifting political landscape.
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