The controversy over the eligibility of former President Goodluck Jonathan to join the 2027 presidential race took a twist last week when it emerged that a court had cleared the obstacle to his being sworn in for the third time as president.

Critics had cited Section 137(3) of the 1999 Constitution (as amended) which provides that no elected person into public office in Nigeria shall be sworn-in more than twice, basing their argument on the former president’s swearing-in in 2010 after his predecessor, the late President Umaru Yar’Adua, died in office, and 2011 when he won his own election. He left office in 2025 after losing reelection and the Section 137(3) wasn’t law until 2018, three years later, triggering the argument on whether or not the law can apply to him retroactively.

Significantly, some leaders of the Peoples Democratic Party (PDP) are pushing for him to contest on the platform of the party the 2027 presidential election.

Vanguard obtained the judgment of the Federal High Court Yenagoa which heard the case and the trial judge, Hon. Justice Isa H. Dashen, while reviewing the submissions made before him on May 27, 2022, quoted copiously from the Counter-Affidavit in which Jonathan made his case, saying he could not be legally stopped from participating in presidential election in the future based on Section 137(3) of the Constitution.

Dashen agreed with the former president’s position.

Curiously, the All Progressives Congress (APC) and the Independent National Electoral Commission (INEC), which were both joined as Defendants in the suit filed by two persons who described themselves as APC members (Andy Solomon and Ibidiye Abraham), failed to make appearances despite being served with all the processes, forcing the presiding judge to remark that they agreed with all the facts of the case as pleaded by the Plaintiffs and Jonathan who was the First Defendant.

On this, he noted: “As earlier stated, both 2nd and 3rd Defendants (APC and INEC) did not file any processes in response or reaction thereto despite service of the Originating process on them.

“In the locus classicus case of OYEYIPO VS OYINLOYE (1987) I

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NWLR (Part 50) 350, the Apex Court held thus: ‘A Defendant who fails to enter appearance or file Counter-Affidavit in response to the averments in support of the Originating Summons would be presumed to have Demurred and admitted the facts deposed to in the Affidavit filed in support Originating Summons.

“See the recent case of FUTMINA & ORS VS OLUTAYO (2017)

LPELR- 43827 (SC) and CHEVRON (NIG) LTD VS IMO STATE

HOUSE OF ASSEMBLY AND ORS (2016) LPELR- 41563 (CA) where the Appellate Courts confirmed the above position”.

The Jonathan case
Dashen, in his judgment while referring to Jonathan’s Counter-Affidavit in which he made his case, said: “The 1st Defendant’s Counter-Affidavit is of Twelve (12) paragraphs and is deposed to by one Engr. Peletiri John Debetimi who described himself as an Assistant to the 1st Defendant.

“One (1) exhibit marked as Exhibit EKOI was annexed to the said Counter-Affidavit.

“Exhibit EKOI is a copy of the Official Gazette containing the 4th Alteration to the Constitution of the Federal Republic of Nigeria, 1999.

“In summary, the 1st Defendant’s response, as stated in his Counter-

Affidavit, is that he has never been ‘elected’ into the Office of the President of the Federal Republic of Nigeria on Two (2) previous occasions.

“The 1st Defendant stated that the oath of office he took on the 6th of May, 2010 was taken upon his ‘Election’ as President of the Federal Republic of Nigeria.

“The 1st Defendant further asserted that he took the said oath to complete the aborted tenure of the late President Umar Yar’ Adua.

“The 1st Defendant referred the Court to the decision of the Court of Appeal in the case of CYRIACUS NJOKU VS.GOODLUCK EBELE JONATHAN (2015) LPELR-24496 wherein the Court of Appeal held that the oath of office he took on 6th May, 2010 cannot be taken into account in the interpretation of the provisions of Section 137(1) (b) of the Constitution.

“The 1st Defendant, thereafter, stated that he has only been elected to the Office of President once and in year 2011.

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“With respect to the provisions of Section 137(3) of the Constitution, the 1st Defendant stated that from Exhibit EKOI (i.e. the Official Gazette of the 4th Alteration of the Constitution), ‘Commencement’ date of the said amendment to the provisions of Section 137 of the Constitution therein contained is said to be ‘7th Day of June, 2018’. “Therefore, the 1st Defendant contended that the amendment introduced by sub-section (3) of Section 137 of the Constitution came into effect and became operational from 7th June, 2018.

“On the basis of the foregoing, the Defendant contended that since he took the first oath of office as President in year 2010 and the second oath of office in year 2011 respectively, the 4th Alteration of the Constitution which took effect from th June, 2018 cannot be applied retrospectively to prevent him from exercising his right to contest for the Office of President of the Federal Republic of Nigeria, which said right accrued to him since year 2015 before the 4th Alteration to the Constitution was effected.

Three questions
“In his written address, the 1st Defendant formulated three (3) questions for the determination of this Court.

“Whilst the 1st Defendant adopted questions 2 and 3 submitted by the Plaintiffs, he re-phrased question 1 submitted by the Plaintiffs.

“Therefore, the questions submitted by the Plaintiffs and the 1st Defendant are congruent and are not substantially different.

“The questions submitted by the 1st Defendant read as follows:

1. Whether in view of the provisions of:

a. Section 137(1)(b) of the Constitution of the Federal Republic of Nigeria, 1999 (as altered); and

b. Section 137 (3) of the Constitution of the Federal Republic of Nigeria, 1999 (as altered) (as contained in the 4th Alteration (No.16) Act 2017), the 1st Defendant is qualified to contest for the office of the President of the Federal Republic of Nigeria in the 2023 General Elections.

2. If the answer to 1 above is in the affirmative, then: Whether the

2nd Defendant is entitled to field the 1st Defendant as its presidential candidate in the 2023 General Elections.

3. Whether the 3rd Defendant is entitled to disqualify the 1st Defendant from contesting and/or from 2nd Defendant’s presidential candidate in the 2023 General Elections.

“Again, at paragraphs 4.00 4.05 of his written address, the 1st Defendant raised a Preliminary Point challenging the locus standi of the Plaintiffs to institute the instant suit.

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“I shall deal with this preliminary point whilst considering the substantive Originating Summons.

“On the basis of the foregoing, the 1st Defendant asserted that he is eminently qualified to contest for and/or nominated for election into the Office of the President of the Federal Republic of Nigeria.

“The 1st Defendant therefore urged the Court to discountenance the Plaintiffs’ contentions and answer the questions submitted in the Originating Summons in his favour and against the Plaintiffs and refuse the reliefs sought for by the Plaintiffs”.

For the part of the Plaintiffs, the questions they wanted resolved by the court, according to the judge, are:

1. 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 the 1st Defendant had earlier been sworn-in as the President of the Federal Republic of Nigeria in 2010 and 2011 respectively, the 1st Defendant 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 (INEC).

2. If the answer to 1 above is in the negative, then: Whether the 2nd

Defendant (APC) is entitled to field the 1st Defendant as its presidential candidate in the 2023 General Elections.

3. Whether the 3rd Defendant (INEC) is entitled to disqualify the 1st Defendant (Jonathan) from contesting and/or from being presented as the 2nd Defendant’s (APC) presidential candidate in the 2023 General Elections.

Juxtaposition
Reading his judgment, Justice Dashen said: “Having carefully considered the arguments of the parties, I am of the view that the determination of the application or otherwise of the provisions of sub-section (3) of Section 137 of the Constitution to the 1st Defendant lies on the juxtaposition of the date when the 1st Defendant claims to have acquired his present right to be sworn-in as President and the date on which sub- section (3) of Section 137 of the Constitution took effect.

“The starting point is to acknowledge the fact that sub-section (3) of Section 137 of the Constitution was not originally part of the corpus of the Constitution. Sub-section (3) of Section 137 of the Constitution was introduced by the 4th Alteration to the said Constitution.

“Although the 1st Defendant attached the Official Gazette wherein this alteration was published as Exhibit EKO I (i.e. Exhibit) to his Counter-Affidavit, this Court is empowered to take judicial notice of the law by virtue of the provisions of Section 122(2)(a) of the Evidence Act 2011. A cursory look at Exhibit EKO1 (i.e. Exhibit) will reveal that the 4th Alteration introduced a restriction with regard to the number of times a person, sworn-in as President of the Federal Republic of Nigeria to complete the term for which another person was elected, can be sworn-in as President after completing the remainder of the said term.

“Sub- section (3) of Section 137 of the Constitution states that any person who was so sworn-in shall, after completing the term of such other person, be eligible to be only elected to the office of President for a single term.

“Further scrutiny of Exhibit EKOI (i.e. Exhibit) also reveals that the 4th Alteration was enacted by the National Assembly in 2017; however, the ‘commencement’ date for same was expressly set for ‘7th Day of June, 2018’.

“Having the benefit of reading the Official Gazette (i.e. Exhibit ÉKO1), I therefore have no difficulty in holding that provisions of subsection (3) of Section 137 of the Constitution took effect from 7th June, 2018. And I so hold”.
(VANGUARD)

The leader of INRI Evangelical Spiritual Church, Primate Elijah Ayodele, has released fresh prophecies concerning the governorship elections coming up in Anambra, Ekiti and Osun, respectively.

The cleric, in a statement signed by his media aide, Osho Oluwatosin, revealed the fate of political parties participating in the election.

For Anambra, Primate Ayodele stated that it is only God that can help the APC candidate win because the only person who could have unseated Charles Soludo as governor is Ifeanyi Ubah, who is now late.

The cleric stated that the only way Soludo can be defeated is if the opponents come together against him; otherwise, he will return to office for his second term in office.

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However, he warned Soludo to be careful and watch against attempts to rig him out of the election through the back door.

“Anambra: Only God can help the APC candidate, maybe if he seeks the face of God, but without that, give it to Soludo. It is only God who can remove Soludo. The opponents should have formed a coalition, but because they are self-centred, they will lose.

“If Ifeanyi Ubah were alive, he would have been the one to unseat Soludo, but the current APC candidate doesn’t know what to do to win. Soludo can be defeated if the candidates can take a strong step, but they can’t. Soludo will return whether anyone likes it or not.

“The Labour party candidate doesn’t know how to go about it, and the PDP candidate will not make any impact. I would advise all of them to come together and give it to Soludo. The man who can do it better is no longer alive. However, they will rock Soludo’s government with insecurity; he should brace up and must not sleep otherwise, they can rig him.”

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In Ekiti, the cleric states that Oyebanji will be favoured to return to power, but he must watch his back against internal crisis, court issues, and evil elements in his government.

He noted that he needs to put things in order for his victory to be certain.

“Ekiti: There are a lot of people who hate the Ekiti governor, but the point is Oyebanji is favoured to return for his second term. However, he must watch his back because there are evil elements who want him to lose.

“The crisis in Ekiti has not started yet, but God will help him to survive. They will also use a court matter against him after the election. He must not sleep; he must do more security checks to know who to put into position, though they are looking at fighting him from the federal level, he must wake up. He should put so many things in order for his victory to be certain.”

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In Osun, Primate Ayodele warned Governor Adeleke to be ready for fighting because the opposition will not take it easy with him.

He advised him to spread his political tentacles to all local governments and focus more on the grassroots.

The prophet commended the governor for the works he has done, while revealing that opposition is ready to blackmail him and sponsor a tribal crisis to destabilise his government.

He advised the governor to be ready for anything towards, during and after the election.

“Osun: APC will fight Adeleke big time and try everything to destabilise him. He needs to wake up and restrategize, and spread his political tentacles to all the local governments. He needs more grassroots support from the kings, youths, farmers, and artisans.

“The APC is adamant to set his camp ablaze. They are ready to blackmail him and are ready for negative propaganda. He must be very careful with his policies, and they want to use his assembly to fight him. He has worked and done better than his predecessors, but the APC is ready to rig him out by any means necessary. He needs to work on his security and avoid border crisis and tribal crisis in Osun because the opposition wants to sponsor a crisis in Osun.”

The former Labour Party governorship candidate in the 2023 election in Lagos State, Gbadebo Rhodes-Vivour, has formally declared for the African Democratic Congress.

Rhodes-Vivour made the announcement at an event held in Lagos on Saturday.

The development came on the heels of a coalition of opposition parties under the ADC platform seeking to wrestle power from the ruling All Progressives Congress in the 2027 general elections.

The party officially formed the coalition in July, courting prominent figures in a bid to build a formidable third force ahead of the polls.

Speaking during the declaration, Rhodes-Vivour described the move as part of a broader coalition.

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He said, “I am happy to become part of this family. I’m looking forward to the union and governance that this party will bring to Nigerians. My prayer is that God will grant our leaders and the party’s structure the wisdom to come together and define a new path for our beloved country.”

The politician also called for unity among opposition parties ahead of the 2027 general elections.

“This is a coalition that is meant to rescue Nigeria. I have said since after the 2023 elections that we cannot afford to divide the opposition going into the next election. We must come together, united through a robust coalition that will stand a chance in 2027 to deliver this country,” he added.

Rhodes-Vivour had accused the police on Friday of attempting to frustrate the event, which was scheduled to take place in the Alimosho area of the state.

In a statement issued by his aide, Olalekan Anjolaiya, the organisers were said to have duly notified the police about the event.

READ ALSO:APC Mocks Jonathan As ADC Woos Him For 2027 Race

It was, however, gathered that security operatives barred Rhodes-Vivour and his supporters from gaining access to the venue on Saturday morning, before it was later moved to another location within the local government area.

Reacting to the incident, he said, “I’m going to address the press later on the events that happened today and those that happened since yesterday. But with this speech, I just want to confirm that I am joining the ADC coalition.”

The Chairman of the ADC in the state, George Ashiru, said the move signalled the strengthening of an opposition coalition ahead of the 2027 general elections.

He also described Rhodes-Vivour’s defection as a historic affirmation of a coalition that had been in the works since the last election.

He said, “Today we are having one of the most important affirmation programmes where our coalition partners from one of the key blocs in the Labour Party are joining this wonderful family of Nigerians, the African Democratic Congress.

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“We are not affirming one man, we are affirming a movement, but every movement has a leader, and what brother Gbadebo Rhodes-Vivour represents is the leadership of a movement that shook Lagos in the last election.”

According to him, the coalition was built on a foundation of communication that began during the 2023 polls and had now matured into a common platform to challenge the dominance of the ruling All Progressives Congress.

Also speaking at the event, a representative of former Vice President Atiku Abubakar, Professor Ola Olateju, urged party members to believe in their capacity to provide an alternative for Nigerians.

He said, “We should not look at ourselves as if we are not able or not competent to rescue Nigeria. Anybody here could become anything. There is equal opportunity for everybody irrespective of ethnic group, agenda or class. ADC is not just a political party; it’s a movement, a movement of the people. It is an exodus. We are moving in order to rescue Nigeria.”