Category: The Nation – Nigeria

The Federal High Court in Abuja has set aside an interim order of forfeiture made against some properties linked to Alhaji Abubakar Ismaila Isa Funtua.

The interim order was made on August 27, 2024, in suit FHC/ABJ/CS/1197/2024.

Justice Emeka Nwite had granted it pursuant to an ex-parte application made by the Economic and Financial Crimes Commission (EFCC) for an order of interim forfeiture of properties (in rem) without conviction.

Alhaji Abubakar Ismaila Isa Funtua, who has an interest in the properties, through his legal team led by Femi Atteh (SAN), filed an affidavit to show cause why the final forfeiture order should not be granted.

The team also applied to set aside the interim order.

Justice Nwite agreed with the submissions of Funtua’s legal team that the EFCC ‘concealed’ and ‘suppressed material facts’ and failed to show that the properties were proceeds of crime or from unlawful activities.

The Judge held: ‘That an order is hereby made that the properties (1) Plot 467 Cadastral Zone, Durumi District, Federal Capital Territory, Abuja; (2) MH 401, Maitama Heights, Plot 47, Maitama District, Abuja; and (3) MH 601, Maitama Heights, Plot 47, Maitama District, Abuja are not acquired from proceeds of crime or from unlawful activities.

‘That the application for final forfeiture is hereby refused.’

Justice Nwite knocked the EFCC for acting beyond its powers.

He held: ‘It is not the duty of the applicant/respondent (EFCC) to enforce a loan transaction that went sour or subtly use its statutory powers to ensure adherence to the loan contract.

‘Additionally, the averment by the applicant/respondent at paragraph 9 of their Counter Affidavit to the Affidavit to Show Cause that the respondent/applicant and Teleology Nigeria Limited embezzled depositor’s funds loaned to them without collateral by conniving with Keystone Bank officials is not only laughable but a desperate attempt at making an act a crime where none exists.’

The court in its judgment raised a poser: ‘The question that agitates the mind of the court is: was the loan given to the respondent/applicant with the understanding that it was depositors’ money or was the loan given to the respondent/applicant as money belonging to Keystone Bank Limited?

‘To answer this question, the law is that money deposited in a bank does not legally remain the money of the depositor.

‘Once deposited, ownership of the money passes to the bank, and the bank becomes a debtor, while the customer (depositor) becomes a creditor.

‘Therefore, when a bank grants a loan, it is lending its own money even though those funds were sourced from deposits made by customers.’

Justice Nwite held that the loan issue had earlier been resolved.

He stated: ‘Lastly, the filing of this instant application is an attempt to subject the respondent/applicant (Isa Funtua) to double jeopardy.

‘Keystone Bank Limited had gotten a judgment in its favour for the loan granted to the respondent/applicant, and now the applicant/respondent is seeking to recover the properties in dispute in respect of that same loan.

‘I sincerely do not want to make the inference from the circumstances of this case that the applicant/respondent is trying to enforce the judgment of this court through the back door.

‘Now, the applicant/ respondent is in this court seeking to forfeit the properties in dispute on the allegation that the properties were bought using the loans granted by Keystone Bank Limited for personal use and that same were not secured.

‘It must be stated right from the outset that loan transactions are between parties, and it is those parties that have the right to seek the enforcement of those loan transactions.

‘The applicant/respondent is/was not a party to the loan transactions, deed of debenture or deed of charge.

‘It had no right to pursue the course of Keystone Bank Limited by stylishly trying to recover the loans for Keystone Bank Limited under the pretext that the respondent/applicant acquired the properties through unlawful activities/proceeds of crime by virtue of Section 17 of the AFA.

‘The applicant/respondent (EFCC) has been warned severally by this court and the Appellate courts that it is not a debt recovery agency.’

The court found and held that ‘it is not for the applicant/respondent (EFCC) to suddenly wear a cloak of a guardian angel or commercial messiah or a commercial midwife to rescue the bank from the consequences of its own negligence’

The judge also slammed EFCC for failing to disclose the existence of other related cases on the matter.

‘The failure on the part of the applicant/respondent to disclose the existence of Suit Nos.: FHC/ABJ/CS/297/2023 and the FHC/ABJ/CS/1971/2024 merely because it was not a party cannot hold water in the circumstance of this case.

‘The applicant/respondent failed to carry out its responsibility by conducting due diligence, assuming that it was not aware of these material facts, which is fatal to this application.

‘However, I am not inclined to believe that the applicant/respondent was not aware of this material fact merely because it was not a party to the suit.

‘The applicant/respondent (EFCC) clearly concealed this fact from the court because it knew that if the court was aware of the two suits, particularly FHC/L/CS/297/2023, which is pending at the Court of Appeal, it would not have made the order of interim forfeiture.

‘On the whole, I am of the humble view that the respondent/applicant has shown that the properties in dispute were not gotten from an unlawful activity or from proceeds of crime. I so hold.

‘In view of the above findings of the court, this court finds that the applicant/respondent concealed, suppressed material facts and failed to show that the properties were obtained from unlawful activities or from proceeds of crime.’

It was not the first time Isa Funtua would floor EFCC in a court case.

The High Court of the Federal Capital Territory had slammed N2million general damages against the EFCC for infringing upon the rights of this Businessman.

Justice Aminu Abdullahi, on May 21, 2025, declared Funtua’s arrest, interrogation and continued threat to arrest and detain him without informing him in writing of the allegation against him within 24 hours as unconstitutional.

He held that the commission violated the applicant’s fundamental rights as guaranteed by Section 35(3) of the 1999 Constitution (as amended).

The judge restrained the defendants and their agents ‘from violating the constitutional rights of the claimant by further arresting or threatening to arrest, detain and/or arraign the claimant without complying with the provision of Section 35 (3) of the 1999 Constitution (As Amended)’.

EFCC, its Chairman, Ola Olukoyede and Head of AMCON Desk at EFCC, Mr Bawa Kaltungo, were the defendants.

The claimant had prayed the court to determine whether EFCC’s failure to inform him in writing of the facts that gave rise to the allegations against him for which he was arrested is a breach of his rights.

He sought a declaration restraining the defendants or their agents from further arresting or threatening to arrest him without complying with the provisions of Section 35(3) of the 1999 Constitution.

Funtua sought N100million general damages from the commission for infringing on his rights.

The claimant stated that on February 2, 2024, while in the United Kingdom for medical treatment, he received a letter of invitation dated January 31, 2024.

He said he cut short his medical treatment to honour the invitation.

During interrogation, he demanded to know the petition or allegation against him, but the officers refused to inform him, only telling him they were acting on ‘orders from above’.

In another judgment by Justice M.O. Olajuwon, Federal High Court in Abuja on July 3, 2024, discharged an ex-parte order made on May 7, 2024, empowering the EFCC to instruct the managing directors of banks to stop all outward payment, operation or transactions on accounts linked to Isa.

The Leader of Social Democratic Party (SDP) and the party’s presidential candidate in the 2023 general election, Prince Adewole Adebayo, has expressed sadness about the level of disunity in the country after 65 years of independence.

He said at the outset, there was no great philosopher or great thinker who could have united the people as it was done in other climes.

‘If you study the history of some kingdoms, some countries and some societies, it will be indigenous warring tribes or groups, disunited by many factors, including politics, but united by culture. And a great leader rises among them and says, ‘let me unite my people.’ That’s not the history of Nigeria. Nigeria started accidentally; there are no great philosophers or great thinkers within our population who said, ‘oh, let us all come together. Let me unite people”, he said.

He attributed the disunity and the array of problems confronting Nigeria 65 years after independence to its evolution, saying: ‘So, Nigeria started merely as a trade zone, just like you have a free trade zone or export processing zone; it’s a zone. It is like the arbitrariness with which they created areas for discos. We created Lagos disco, Ibadan disco, Benin disco, Yola disco and others.

‘So that’s how Nigeria was to the Royal Niger Company. It was just a trade zone. Let’s have this trade zone and those trade zones are different kingdoms and communities and all of that. And somehow for the efficiency of the business, they decided to hand it over back to the British government and run it as a protectorate and part of it as a colony.

‘And then after a while, they ran it as protectorates, you know, next to each other. In 1914, they said let’s amalgamate together. So, but 46 years later, the people who put it together just said, we’ve had enough of it, let’s hand it over to the locals now.

And young people who had never run anything before, but who were united by the philosophy that these are indigenous people, right from Herbert Macaulay in Lagos, Nnamdi Azikiwe, Ahmed Bello and others took charge.’

He expressed hope that the SDP, which he described as an independent party with ideals different from other parties, was ready to take Nigeria out of the woods.

He said it was very rare to find a true SDP person, who would have interest in the APC or the PDP because the idea of what they were doing was totally opposite to what the SDP was preaching.

On how the party is preparing for the 2027 contest, he said the dialogue to strengthen the party continued among members because there were elements who would work against the party’s interest.

‘When I ran for president, there were elements that worked against us in the party. There were party agents who would not show up and state chairmen who collected our agent card and then went and gave it to another political party.

‘I went to Kwara and discovered that from our research sheets, we scored 122,000 votes, but they recorded only 22,000 for us and the people who were working with us; who were supposed to protest and do everything, thought that they could have a relationship with the ruling party and then they messed that up.

‘So, we’re changing those leaderships, we’re bringing new people in.

‘So it takes a while to get a political party, whose majority of members will be people that are selfless, patriotic and in politics because they want nothing other than a better country. That’s what we are building in the SDP,’ he said.

A long-running family dispute over the vast estate of the late Chief Harrison Jefia has escalated into a criminal trial, with the ninth child of the deceased and cleric, Joseph Jefia, now standing before a Federal High Court in Abuja for alleged forgery and fraudulent claim of inheritance.

The case with next hearing date fixed for October 23, is under charge No. FHC/ABJ/CR/501/2024, where the Federal Government is the complainant and Joseph Jefia is the defendant.

Mrs. Onoriode Lyn James (née Jefia), the United Kingdom-based eldest child of the late Chief Jefia, had petitioned the Pastor-in-Charge of Region 23 of the Redeemed Christian Church of God, where her half-brother, Joseph Jefia pastors a church, accusing him of illegally taking control of the family’s assets shortly after their father’s death in 2003.

These assets include more than 100 housing units, a mansion in Effurun, multiple country homes, large tracts of land, cash in various banks, and a road contract valued at N1.2 billion.

According to Mrs. James, Pastor Jefia and his siblings allegedly broke into their late father’s residence while the patriarch was on his deathbed, taking possession of all personal and business documents.

Investigations by law enforcement and forensic experts revealed that the document was fraudulent and unregistered with the Corporate Affairs Commission (CAC), in violation of the Companies and Allied Matters Act.

The police subsequently charged Pastor Jefia for presenting the forged document in defense of his actions during a dispute involving his half-sister, whom he allegedly harassed during a visit to the family property in Effurun.

Court records show that the family had already shared the landed properties of the late Chief Jefia based on traditional arrangements and legal proceedings.

Despite this, Pastor Joseph is accused of continuing to collect rent from properties not allocated to him and allegedly selling plots of land belonging to other heirs.

The matter, which has spanned more than 22 years, has now reached a turning point with criminal charges brought against the pastor. The trial continues this month, with court dates scheduled for October 23.

Mrs. James has called on the leadership of RCCG, where Pastor Jefia is said to have served in various regions including Kolokolo/Enerhen and PTI, to intervene and uphold the church’s moral standards.

‘Our father left enough for every one of his children to prosper. But Joseph’s greed, enabled by forged documents and disregard for family and tradition, has robbed us of justice for over two decades,’ she said.

The Lagos State Attorney- General and Commissioner for Justice, Lawal Pedro, SAN, has said the state has commenced contempt proceedings against the National Assembly over lottery and games matters.

Pedro disclosed this during a press briefing and media chat organised to mark his two years in office. It held at the conference room of his ministry at Alausa Secretariat, Ikeja.

Pedro said his tenure since his swearing-in on September 13, 2023, by Governor Babajide Sanwo-Olu, had been guided by a vision to strengthen the rule of law, expand access to justice, and protect state revenue.

He highlighted Lagos’ victory at the Supreme Court in the high-profile lottery case, which affirmed the state’s constitutional authority to regulate lotteries and games of chance.

The judgment, he noted, entrenched fiscal federalism and protected billions in state revenue.

‘Despite this clear judgment of the apex court, the National Assembly recently passed a central gaming bill for the entire country.

This is a direct violation of the Constitution and the Supreme Court order. We have, therefore, initiated contempt proceedings to ensure compliance,’ Pedro declared.

On criminal justice, the Attorney General pointed to the conviction of the BRT bus driver for the rape and murder of Miss Bamise Ayanwole as a demonstration of the ministry’s resolve to deliver justice without fear or favour.

In revenue recovery, Pedro disclosed that the newly created Revenue Courts and a dedicated recovery unit had compelled major defaulters, including a leading bank that paid N1.5 billion in outstanding taxes, to settle liabilities.

Other milestones he listed included: ‘sponsoring a new tenancy law bill before the House of Assembly to balance landlord-tenant relations and attract real estate investment; forwarding a marriage registration bill to formally recognize Islamic, customary, and Christian marriages outside the Marriage Act.’

Pedro said he had also proposed a Civil Justice Administration Bill to cut trial timelines to a maximum of 24 months, discourage frivolous suits, and impose punitive costs on needless adjournments.

He said his administration had also expanded the use of plea bargains, restorative justice, and community service sentencing to decongest courts and prisons.

He said he recommend 263 inmates for release under the governor’s prerogative of mercy, while 4,800 offenders completed community service sentences.

Other reforms included launching the Lagos Criminal Information System, which has already captured data from over 25,000 new cases and holds a database of nearly 79,000 cases; strengthening the state’s anti-land grabbing task force with zonal divisions and police support, treating nearly 1,000 petitions in two years and reviving the Lagos Task Force Against Human Trafficking, which recently secured the repatriation of seven Nigerian victims from Ghana.

Pedro also emphasized his commitment to staff welfare, noting the first retreats for junior staff in over a decade, new buses and elevators for ministry staff, and additional permanent secretary positions for the Office of the Public Defender and Citizens Mediation Bureau.

He expressed appreciation to Governor Sanwo-Olu, the Lagos State Judiciary, and his ministry staff, pledging that the Ministry of Justice will remain ‘anchored on integrity, innovation, and impactfulness.’

‘As we take stock of the last two years, we are reminded that justice in Lagos State is not an abstract idea-it is a living reality shaping governance, protecting rights, and driving economic growth,’ Pedro said.

Afrobeats singer Spyro has attributed his struggles with fear of failure to his father’s negative utterances during his childhood.

Spyro, in an interview with Frank Edoho, revealed that his father’s constant criticism made him internalise the belief that he was a failure, leading to a persistent fear that plagued him.

‘I thought I was going to die broke. I always had this fear of failure. And my dad contributed to that. He took every opportunity he got to always tell me that I am a failure, so I had the fear of failure because I had internalized it,’ he recalled.

According to him, the fear was so overwhelming that it affected his academic performance, and he struggled with poor grades in secondary school.

However, Spyro said his life took a transformative turn when he developed a personal relationship with God.

He credited this newfound connection with helping him overcome his deep-seated fear of failure.

Before finding success in music, Spyro had considered giving up on his musical aspirations and had ventured into interior design, but everything changed with the viral success of his song ‘Who Is Your Guy’ in 2022.

The subsequent remix with Tiwa Savage in 2023 catapulted him to stardom, and the song went on to win Best Collaboration at the 16th Headies Awards.

The Federal Competition and Consumer Protection Commission (FCCPC) on Tuesday organised a sensitisation campaign in Kano to raise awareness about the dangers of consuming chemically ripened fruits, adulterated meat, and contaminated grains.

The workshop, held at Gidauniya Hall of the Kano Foundation, focused on promoting food quality standards, safety regulations, and fair business practices in the food sector.

FCCPC Executive Vice Chairman, Olatunji Bello, described access to safe, nutritious, and unadulterated food as a vital pillar of public health, economic growth, and national security.

Bello, represented by the Director of Quality Assurance and Development, Dr. Nkechi Mba, noted that ensuring food safety is a shared responsibility involving regulators, manufacturers, and consumers alike.

He expressed concern over the growing trend of harmful food practices, particularly the forceful ripening of fruits with dangerous chemicals such as calcium carbide, which contains toxic traces of arsenic and phosphorus.

The campaign forms part of the commission’s ongoing efforts to safeguard consumer health and ensure compliance with food safety standards across the country.

‘Adulteration of food products with dangerous additives and preservative chemicals such as bromate, Sudan red colorant, sniper and formalin.

‘Improper handling and contamination across the food value chain, from farm to table such as poor storage conditions, unhygienic environment, poor waste disposal, exposure of food stuffs to flies, insects and rodents etc.

‘These practices not only endanger the lives of millions of Nigerians, but they also erode consumer trust and sabotage the integrity of our food systems.

‘The FCCPC, as the apex consumer protection body in Nigeria, has the statutory mandate to promote consumer interests, ensure fair market practices, and prevent exploitative or dangerous conduct in all sectors of the economy including the food and agricultural sector,’ Bello stated.

The Director, Consumer and Business Education, Yahaya Garba Kudan, said the food industry-forced ripening of fruits, adulterated palm oil, contaminated meat, and grains were issues that affect, not only people’s health and well-being but also the integrity of the nation’s food supply chain.

‘It is disturbing to note the increasing incidences of harmful practices in food production and processing. These practices not only pose significant health risks but also undermine consumer trust in the food industry,’ Kudan said.

He noted that FCCPC was committed to protecting consumers and ensuring that they have access to safe and high-quality food, and the programme was a testament to the commission’s dedication to educating and empowering consumers, farmers, vendors, and all stakeholders involved in the food supply chain.

The programme featured experts who shared insights on how to identify and prevent the harmful practices.

‘To all stakeholders present: farmers, food processors, vendors, and business owners, you are critical to the nation’s food security and health, as they say, ‘you are what you eat.

‘Therefore, you all have the responsibility and duty of care to the public as every product you put on the shelves for consumers affects a family or a community positively or negatively. Abstain from the use of harmful substances in food processing,’ the director told the participants.

The commission said it was collaborating with relevant agencies, such as National Agency for Food and Drug Administration and Control (NAFDAC), Standards Organisation of Nigeria (SON), Federal Ministry of Health and Social Welfare (FMOSW), Federal Ministry of Agriculture and Food Security (FMAFS) and State and Local Government Health and Agriculture authorities to improve compliance with food safety laws and consumer rights.

Actor and filmmaker Yomi Fabiyi has joined other Nigerian celebrities in celebrating Big Brother Naija Season 10 winner, Imisi, whose victory has stirred excitement across the entertainment industry.

However, Fabiyi’s revelation of a personal bond with the reality star has sparked mixed reactions on social media.

Expressing his joy on Instagram following Imisi’s victory on Sunday, October 5, when she clinched the ?120 million grand prize, Fabiyi shared a throwback video from his birthday and housewarming celebration, revealing that Imisi attended the event and celebrated with him.

He described the reality star as a ‘joyful spirit’ who genuinely celebrates others, noting that her positive energy and humility inspired him to reciprocate the same support now that she has found fame.

‘She is always happy for others. She was happy for me during my birthday and housewarming, that informs why I have to reciprocate, aside from her being one of mine in Rocklaf Studio Film Academy,’ Fabiyi wrote.

The filmmaker also praised Imisi for bringing honour to his Rocklaf Studio Film Academy, describing her win as proof that humility, consistency, and hard work lead to lasting success in the entertainment industry.

In a separate post, Fabiyi expressed heartfelt gratitude to fans, colleagues, and supporters who stood by Imisi throughout the show, saying her triumph filled him with ‘overwhelming joy.’

He wrote, ‘The winner, the champion, is my girl @imisiofficial. Thank you all colleagues, friends, fans, and well-wishers. I am overwhelmed. The sound of joy and congratulations will not cease in your household either. To my IMISI, it is your time to shine. Rocklaf! We Rise Together! Congrats, dear.’

Fabiyi expressed gratitude to fans and supporters, saying Imisi’s win brought him immense joy and reaffirmed his belief in hard work and grace.

Highlife veteran and Zigima sound creator, Bright Chimezie, has reflected on the evolution of music production, highlighting the discipline and craftsmanship that defined his generation of musicians.

Speaking on The Honest Bunch Podcast, Chimezie said that unlike today’s artistes who depend heavily on producers and digital instruments, musicians of his era went into the studio fully prepared and confident in their craft.

‘Before we went to the studio, we already mastered the craft, we knew the music and exactly what we wanted to do. We were not depending so much on the producer,’ he said.

According to him, producers in the past had minimal work because artists came with their own rhythm, direction, and musical structure.

‘Back in the day, producers didn’t do too much work. If you were a good artist, you worked out the music within yourself. Most artists now come empty-handed-no direction, no rhythm. It gives the producer too much work, and that’s why most productions today sound alike,’ he added.

Chimezie emphasized that in his time, true artistry was measured by a musician’s ability to play an instrument and create original sounds.

‘If you have an instrument, you’ll be able to work out the song the way it plays inside you,’ he said, noting that sometimes they spent two to three hours balancing drums before recording.

The Federal Government has disclosed plans to refinance Nigeria’s expensive debt portfolio as part of ongoing efforts to reduce the nation’s debt service costs and overall cost of borrowing.

Minister of Finance and Coordinating Minister of the Economy, Mr. Wale Edun, made this known on Tuesday at the 55th Annual Conference of the Institute of Chartered Accountants of Nigeria (ICAN) held in Abuja.

Edun explained that the decision to refinance the country’s high-cost debt was driven by the sharp rise in debt service obligations in recent years.

According to him, ‘Debt service costs have surged: Treasury bill rates rose from 8% in 2023 to nearly 24 percent, and external debt service almost tripled from budgeted N2.7 trillion to N6.7 trillion in 2024.’

Refinancing expensive debts involves replacing high-interest loans with new, lower-interest facilities aimed at easing the pressure on government finances, freeing up resources for developmental spending, and improving the country’s fiscal sustainability.

The move is consistent with the government’s medium-term growth strategy, which seeks to build a productive economy anchored on private sector investment, openness, and efficiency.

According to Edun: ‘Our growth strategy is centered on productive capital formation through increased private investment. We are working to achieve output growth of 7.0 percent GDP by 2027/2028, thus enabling the removal of millions of our citizens from poverty.’

He added that the Tinubu administration is determined to transition the Nigerian economy into one driven by competition and innovation, with government acting as a facilitator rather than a dominant player. ‘We are transitioning to an economy anchored on openness, competition, and efficiency, where the private sector is the engine of growth, and government efficiently plays its role as foreseer and enabler,’ he stated.

Edun disclosed that the Federal Government is also making substantial investments in the digital economy to unlock new opportunities for the country’s predominantly young population. He noted that over 65 percent of Nigerians are under the age of 35, presenting a unique demographic advantage that must be harnessed through technology and innovation.

‘We are making bold investments in the digital economy. Through Project Bridge, a $2 billion Public-Private Partnership project supported by the World Bank and the African Development Bank, we are expanding fibre optic coverage by 90,000 km, building on the existing 35,000 km network,’ the Minister said.

‘Our goal is 70 percent nationwide internet penetration, reaching all LGAs and wards. This initiative addresses digital infrastructure gaps and promotes inclusion, especially for women and youth, paving the way for a tech-driven future,’ he added.

Speaking on government finances, Edun stated that Nigeria’s fiscal position has recorded significant improvement in the last two years, noting that revenue has grown by over 70 percent in nominal terms. He attributed the increase to key reforms implemented under President Bola Tinubu’s Renewed Hope Agenda, including the liberalization of the foreign exchange and fuel markets, and the automation of revenue collection systems.

‘The demand for development remains high as we strive to improve upon output growth and significantly enhance productivity. In part, this will be achieved by raising our infrastructure stock from its current level of less than 40 percent of output towards the global benchmark of 75 percent,’ Edun noted.

He said the government is deploying a range of innovative measures to mobilize domestic resources to meet development financing needs, particularly in a global environment constrained by limited liquidity. Among these initiatives, he mentioned formalizing the large informal sector-particularly in real estate and agriculture-as revealed by the recent rebasing of Nigeria’s GDP figures.

The minister also mentioned the expansion of the tax base through the new Tax Reform Act, which harmonizes tax processes and reduces multiple taxation to enhance productivity. ‘We are also working to strengthen digital revenue collection platforms,’ he added.

According to him, the government is also leveraging ‘asset financialization by optimizing the federal government’s balance sheets,’ with the expectation that subnational governments will adopt similar strategies to improve fiscal efficiency and revenue performance.

On social protection, Edun said the administration is expanding and strengthening its social investment programmes to reach more Nigerians in need. ‘This is being achieved through enhanced digital identification systems, ensuring that support reaches those who need it most, efficiently and transparently,’ he said.

A lawyer, Johnmary Jideobi, has asked the Federal High Court in Abuja to bar former President Goodluck Jonathan from contesting the 2027 presidential election.

In the suit marked FHC/ABJ/CS/2102/2025, Jideobi is also urging the court to restrain the Independent National Electoral Commission (INEC) from accepting or publishing Jonathan’s name as a candidate of any political party for the election.

Listed as defendants are Jonathan, INEC, and the Attorney-General of the Federation (AGF).

The plaintiff wants the court to determine whether, in view of Sections 1(1-3) and 137(3) of the 1999 Constitution, the former president remains eligible to contest for the office of president.

He is seeking a declaration that Jonathan is constitutionally ineligible to contest or occupy the presidency again, having been sworn in twice – first in 2010 to complete the term of the late President Umaru Musa Yar’Adua, and again in 2011 after winning the election.

Jideobi argued that Jonathan has exhausted the constitutional limit of two terms and that allowing him to contest again would violate the Constitution.

He said he filed the suit in the public interest to defend the rule of law and prevent a breach of constitutional order.

According to the affidavit supporting the suit, Jideobi noted that he saw reports in the media suggesting that Jonathan was being considered for the 2027 race.

He stated that the former president had already taken the oath of office twice and that contesting again would amount to a third tenure, contrary to the Constitution.

Constitutional debate

To clarify eligibility questions for vice presidents or deputy governors who complete unexpired terms of their principals, the National Assembly in 2018 inserted subsection 3 into Sections 137 and 182 of the Constitution through the Fourth Alteration Act.

Section 137(3) states: ‘A person who was sworn in to complete the term for which another person was elected as President shall not be elected to such office for more than a single term.’

However, legal experts remain divided on whether this provision applies to Jonathan.

What the courts have said

In a May 27, 2022, Justice Isa Dashen of the Federal High Court, Yenagoa, held that Section 137(3) could not apply retroactively and that Jonathan, who only won a presidential election once in 2011, was not barred from running again.

He delivered judgment on a suit by Andy Solomon and Idibiye Abraham, who asked the court to declare Jonathan ineligible,

The judge held that the oath Jonathan took in May 2010 was not a result of an election but a constitutional succession following Yar’Adua’s death, stressing that the new constitutional clause had no retrospective effect.

Similarly, the Court of Appeal in Abuja had in a March 3, 2015 judgment affirmed Jonathan’s eligibility to contest the 2015 election.

The appellate court held that the 2010 oath merely completed Yar’Adua’s tenure and did not count as an election.

Justice Abubakar Yahaya, who delivered the lead judgment, said: ‘Disqualification is through election, not oath-taking. When a Vice President succeeds a President who dies, that cannot be deemed an election.’

Mimiko denies leading Jonathan’s 2027 consultations

Former Ondo State Governor Dr. Olusegun Mimiko has denied reports claiming he was appointed to lead Jonathan’s 2027 presidential consultation team in the Southwest.

It was alleged that Mimiko was recommended by former Osun State governor and African Democratic Congress (ADC) chieftain, Rauf Aregbesola, to head the consultations.

But in a statement by his media aide, Eniola Akinsola, Mimiko dismissed the report as ‘falsehood’ and ‘a concocted rumour dressed in news.’

He said he had not been contacted for any campaign assignment and was not seeking such a role.

‘The falsehood in the report is obvious from the get-go,’ the statement said.

‘Mimiko respects former President Jonathan but has neither been reached nor appointed for any campaign that remains the subject of speculation. He is not job-hunting to lead any campaign.’

The statement added that as political activities gather pace ahead of 2027, such stories will become common, particularly about political figures who have chosen to remain low-profile for now.

Last week, former Minister of Information and PDP stalwart Prof. Jerry Gana claimed that Jonathan would contest the 2027 election on the PDP platform, saying Nigerians were yearning for his return.

But presidential spokesman Bayo Onanuga dismissed Gana’s claim as ‘an absurdity,’ warning Jonathan to beware of politicians trying to lure him into the race for selfish reasons.

‘Politicians of Jerry Gana’s ilk merely want to lure him into the race to satisfy their personal, political, and ethnic interests. They will abandon him midstream, as they did in 2015,’ Onanuga said.