Court Declines to Strike Jonathan Suit, Adjourns to May 15
A Federal High Court in Abuja on Monday declined a request to strike out a lawsuit challenging former President Goodluck Jonathan’s eligibility to contest the 2027 presidential election, after both the plaintiff and two key defendants failed to appear for scheduled proceedings.
Jonathan’s counsel, Chief Chris Uche (SAN), urged Justice Peter Lifu to dismiss the suit filed by Abuja based lawyer Johnmary Jideobi, citing the plaintiff’s absence and what he described as a lack of diligent prosecution. The Independent National Electoral Commission and the Attorney General of the Federation and Minister of Justice, listed as the second and third defendants respectively, were also absent from Monday’s proceedings.
Uche, according to court records, argued that since parties had already joined issues in the matter, the continued absence of the plaintiff warranted either a dismissal or a striking out of the case, adding that N5 million in costs should be awarded against Jideobi. He further noted that as a legal practitioner, the plaintiff carried a higher duty to properly prosecute the matter or at the very least notify the court of any inability to attend.
Justice Lifu, however, declined the application. The judge observed that there was no evidence before the court confirming that hearing notices had been duly served on INEC and the AGF ahead of Monday’s sitting. He said he would “bend backwards” one last time to accommodate all absent parties in the interest of justice, before adjourning the matter to May 15 for definitive hearing and ordering that fresh hearing notices be served on all absent parties.
The underlying suit raises a significant constitutional question that has attracted considerable public attention since Jonathan began consulting publicly on a possible 2027 presidential run.
Jideobi, in the originating processes, is seeking a court order restraining Jonathan from presenting himself to any political party as a presidential candidate and separately restraining INEC from accepting, processing, or publishing Jonathan’s name as a presidential aspirant. The plaintiff is urging the court to determine whether, under Sections 1(1), 1(2), 1(3) and 137(3) of the 1999 Constitution of the Federal Republic of Nigeria, Jonathan remains constitutionally eligible to seek the presidency again.
An affidavit deposed to by Emmanuel Agida and filed in support of the suit states that Jonathan assumed the office of president on May 6, 2010, following the death of former President Umaru Musa Yar’Adua a day earlier. The deponent further states that Jonathan went on to win the 2011 presidential election and served a full four year term thereafter.
“The plaintiff believes that the 1st defendant, having completed the unexpired term of late President Yar’Adua and subsequently served a full term after the 2011 election, has exhausted the constitutional limit of two tenures as president,” the affidavit stated, as contained in court documents.
The affidavit further argues that the suit was filed in the public interest to preserve the supremacy of the constitution and to protect Nigeria’s constitutional order, warning that if Jonathan contests and wins the 2027 election, he would be taking the presidential oath of office for the third time.
Jonathan had previously stated publicly that he was still consulting on whether to join the 2027 presidential race, without making any formal declaration. The case is now scheduled for definite hearing on May 15.