…Says judiciary bound by precedent
Our Reporter, Abuja
Senior Advocate of Nigeria, Dr. Monday Ubani, has dismissed speculations over the eligibility of former President Goodluck Jonathan to contest the 2027 presidential election, insisting that judicial precedents and constitutional provisions clearly support his qualification.
Speaking on Arise Television on Monday, Ubani maintained that fears of political influence on the judiciary were unfounded, stressing that Nigerian courts have consistently upheld the principle that laws are to be applied prospectively unless explicitly stated otherwise.
“Our judiciary still respects judicial precedent,” Ubani said.
“There are several Supreme Court authorities that have laid this matter to rest—that statutes are not to be applied retrospectively. Unless a law expressly states otherwise, its provisions operate from the date of commencement.”
He cited landmark cases such as Onoh v. Nwobodo and Afolabi v. Governor of Oyo State, where the Supreme Court struck down attempts to give retroactive effect to amendments in electoral laws. According to him, the 2017 constitutional amendment being referenced cannot be applied to Jonathan’s tenure between 2010 and 2015.
“How could any stretch of imagination make that law applicable to events that occurred before it was enacted?” he queried.
“I am confident our judiciary has not degenerated to the level of disregarding Supreme Court precedents for political reasons.”
On concerns raised by commentators including Professor Chidi Odinkalu, and columnist, Onikepo Braithwaite, about possible mischief by the judiciary and gaps in the law, Ubani disagreed, insisting there was no lacuna.
“The constitution is clear: a person can only serve as president for a maximum of eight years. Jonathan completed his predecessor’s tenure in 2010, contested in 2011, won, and served until 2015. Multiple court decisions—including those of the Federal High Court in Abuja and Bayelsa—have affirmed his eligibility. None has been overturned on appeal,” he explained.
Ubani stressed that speculations about potential political manipulation of the courts ahead of 2027 were unnecessary.
“I will not succumb to speculation,” he said.
“Our judiciary, despite its challenges, has precedents it cannot ignore. Unless there is a clear constitutional prohibition, Jonathan remains eligible. Facts and judicial pronouncements already affirm this.”
The debate over Jonathan’s eligibility resurfaced after some legal and political voices hinted that the All Progressives Congress (APC) could revisit the issue should the former president decide to run in 2027.
