Jonathan 2027 Suit an ‘Abuse of Court Process’ — SAN Oba Maduabuchi
Abuja, Oct. 8, 2025 — A Senior Advocate of Nigeria (SAN), Oba Maduabuchi, has described the recent suit filed at the Federal High Court in Abuja seeking to bar former President Goodluck Jonathan from contesting in the 2027 presidential election as “an abuse of court process.”
Speaking on Arise TV’s Morning Show on Tuesday, Maduabuchi argued that the matter had already been settled by a competent court in Yenagoa and could not be reopened before a court of coordinate jurisdiction.
“An abuse of court process is when you want to relitigate a case or an issue that has already been settled by a court of competent jurisdiction,” he said.
He explained that since the issue of Jonathan’s eligibility to contest for president had been decided in Yenagoa and no appeal had been filed against that judgment, it remains binding and valid.
“Until that judgment is set aside, it remains what the law is. Anyone taking the same issue before another court is simply abusing the process,” the SAN added, describing such persons as “busy bodies.”
Law Does Not Apply Retroactively
Maduabuchi further noted that the law in force at the time of an action determines its legality, not laws enacted later.
He questioned whether Section 137(3) of the 1999 Constitution — which limits presidents and governors who have completed another’s term from running twice — existed when Jonathan took the oath of office in 2010.
“The law only came into effect in 2018. When Goodluck Jonathan took the oath of office, there was no statutory limitation that could inhibit him from running his constitutionally guaranteed two terms,” he explained.
He likened attempts to apply the later amendment to Jonathan’s earlier tenure to punishing someone under a law that did not exist at the time of the alleged act.
Maduabuchi illustrated his point with a judicial example:
“Judges’ retirement age was once 65, later changed to 70. Would a judge who retired before the change go to court seeking reinstatement under the new law? Of course not. The law demands certainty.”
He maintained that Section 137(3) was not in existence when Jonathan took his oaths in 2010 and 2011, stressing that “no pyrotechnic argument can breathe existence into a law that did not exist.”
Court Precedent Backs Jonathan’s Eligibility
The SAN also recalled a Court of Appeal decision that upheld Jonathan’s constitutional right to contest again, reiterating that no retrospective law could be applied to disqualify him.
“The Federal Court of Appeal affirmed that Jonathan had the right to run. You cannot apply a law that was not in existence to his case,” he said.
Maduabuchi’s comments come amid renewed debate over Jonathan’s potential candidacy in the 2027 elections and fresh legal moves aimed at blocking his eligibility.
