A Nigerian lawyer, Emmanuel Agida, has approached the Federal High Court seeking an order to disqualify former President Goodluck Ebele Jonathan from contesting in the 2027 presidential election, arguing that he has already reached the constitutional limit of two presidential terms.
In the suit, the plaintiff is asking the court for the following reliefs:
A declaration that upon a proper and holistic interpretation of Sections 1(1), (2), (3) and 137(3) of the 1999 Constitution of the Federal Republic of Nigeria (as amended), the first defendant — Goodluck Ebele Jonathan — is constitutionally ineligible to contest or occupy the office of President again.
An order of perpetual injunction restraining the Independent National Electoral Commission (INEC) from accepting, publishing, or recognizing the name of the first defendant as a presidential candidate in the 2027 general elections or any subsequent election.
An order directing the Attorney-General of the Federation to ensure full compliance with the court’s judgment and orders.
Grounds for the Suit
In an affidavit of facts deposed by Emmanuel Agida, he identified himself as an advocate of constitutionalism, rule of law, and democratic governance.
He stated that Jonathan first assumed office as President on May 6, 2010, following the death of President Umaru Musa Yar’Adua on May 5, 2010, having previously served as Vice President. Jonathan was later elected and sworn in again on May 29, 2011, following the 2011 general election.
The plaintiff told the court that he recently observed reports in national newspapers and television indicating Jonathan’s alleged intention to run for President again in 2027.
Agida argued that allowing Jonathan to contest would violate the constitutional limit of two presidential tenures, noting that the former president had completed Yar’Adua’s unexpired term and served one full term thereafter.
He relied on Section 137(3) of the 1999 Constitution (as amended), which provides that a person who has been sworn in as President to complete the term of another shall not be elected to that office more than once.
The lawyer emphasized that Nigeria must not be governed in a manner inconsistent with the Constitution and that his action was filed in the public interest to uphold constitutional supremacy and protect democratic integrity.
According to him, should Jonathan contest and win the 2027 election, it would mean he had taken the presidential oath three times, contrary to the spirit and letter of the Constitution.
He urged the court to grant the reliefs sought, insisting that doing so would serve the interests of justice and constitutional order.
No date has been fixed for the hearing of the suit.
Key Takeaways
Lawyer Emmanuel Agida sues to stop Goodluck Jonathan from running in 2027.
Relies on Section 137(3) of the 1999 Constitution (as amended).
Claims Jonathan has already served the constitutional limit of two terms.
Seeks injunction against INEC and compliance order to the Attorney-General.
