A legal practitioner, Kola Olutekunbi, has argued that former President Goodluck Jonathan is not eligible to contest the presidency again, citing constitutional provisions on oath-taking.
Olutekunbi said the 1999 Constitution of the Federal Republic of Nigeria clearly prohibits any individual from taking the oath of office as president or governor more than twice.
According to him, Jonathan had already been sworn in twice—first after succeeding late President Umaru Musa Yar’Adua, and subsequently after winning election for a full term—thereby exhausting his constitutional limit.
He acknowledged the legal principle that laws are generally not applied retroactively, but argued that exceptions exist, particularly where laws are of general application.
“The question is whether an individual can be exempted from a law that applies to all candidates. The answer is no,” he said.
Olutekunbi warned that any attempt by Jonathan to contest again could trigger a constitutional crisis and amount to a waste of time.
He referenced a similar judicial interpretation in Ondo State, where the court held that a governor who had completed the tenure of a deceased predecessor and was later elected could not seek another term after being sworn in twice.
The lawyer advised the former president to avoid what he described as an unnecessary political quagmire, urging him instead to play a statesman role.
He also noted that with timelines set by the Independent National Electoral Commission for party nominations and submission of forms, any consultation by Jonathan would need to be done promptly.
Olutekunbi maintained that, in his view, Jonathan’s eligibility remains untenable under the current constitutional framework.
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