Again, suit seeking to disqualify Goodluck Jonathan from 2027 presidential election suffers setback

A suit filed by a lawyer, Johnmary Jideobi, seeking to stop former President Goodluck Jonathan from contesting 2027 presidential election has suffered another setback in the hearing process. 

Definite hearing of the suit by Justice Peter Odo Lifu of the Federal High Court in Abuja on Friday failed as the Independent National Electoral Commission, INEC, was not in court again.

INEC had also boycotted the court sitting on May 11 when the case first came up for hearing. 

In his own case, the Attorney General of the Federation and Minister of Justice, AGF, who is the 3rd defendant, told the Court, Friday that he has never been served with an originating summons by the plaintiff to enable him make any appearance or file any process. 

Faced with the two challenges, Justice Lifu held that it would be in the best interest of justice and fair hearing to shift the hearing forward. 

The Judge subsequently fixed May 18 for a hearing of the case with an order on the plaintiff to put his house in order by serving the appropriate party with the originating summons and hearing notices.

Justice Lifu had on May 11, fixed May 15 for a definite hearing of the suit. 

The judge was forced to shift the hearing date following the absence of the plaintiff, Jideobi, and his lawyer in court on May 11 without any information.

Apart from the absence of the plaintiff, who is a legal practitioner, the Independent National Electoral Commission, INEC, and the Attorney General of the Federation, AGF, and Minister of Justice, who are the 2nd and 3rd defendants in the matter, were also not in court on May 11.

Following the absence of the plaintiff and the two defendants, Chris Uche, SAN, representing former President Goodluck Jonathan, had applied to the court to strike out the suit for lack of diligent prosecution.

Having joined issues with each other, Uche said, the suit is liable for dismissal with a N5 million cost to be awarded against the plaintiff and payable to Jonathan.

The plaintiff, Johnmary Jideobi, had filed the case seeking an order to restrain Jonathan from presenting himself to any political party as an aspirant for the 2027 election.

He is also asking the court to stop INEC from accepting, processing or publishing Jonathan’s name as a presidential candidate.

In the suit, the plaintiff asked the court to determine whether, based on sections 1(1), (2), (3) and 137(3) of the 1999 Constitution, Jonathan remains eligible under any circumstances to contest for Nigeria’s highest office again.

According to the plaintiff, Jonathan had already exhausted the constitutional limit for the office after completing the tenure of late President Umaru Musa Yar’Adua and subsequently serving a full four-year term following the 2011 election.

An affidavit filed in support of the suit by Emmanuel Agida stated that Jonathan assumed office as President on May 6, 2010, after Yar’Adua died a day earlier.

Agida said reports suggesting that Jonathan may be interested in the 2027 election informed the decision to approach the court with the suit.

“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.

The plaintiff further argued that unless the court intervenes, a political party could nominate Jonathan for the election in violation of constitutional provisions.

According to the affidavit, if Jonathan contests and wins the election, he would be taking the presidential oath of office for the third time.

Agida maintained that the suit was filed in the public interest and to uphold the supremacy of the constitution and preserve the integrity of Nigeria’s constitutional order.

Again, suit seeking to disqualify Goodluck Jonathan from 2027 presidential election suffers setback