Jonathan, AGF move to stop suit seeking to bar ex-president from 2027 presidential race

Former President Goodluck Jonathan and the Attorney General of the Federation and Minister of Justice, Lateef Fagbemi, have urged the Federal High Court in Abuja to throw out a suit challenging Jonathan’s eligibility to contest the 2027 presidential election.

The case, filed by Abuja-based lawyer Johnmary Jideobi, seeks a judicial interpretation of constitutional provisions relating to presidential tenure and whether Jonathan can lawfully seek election again after previously occupying the office.

Justice Peter Lifu, who is presiding over the matter, fixed May 26 for judgment, including a ruling on a separate application filed by the plaintiff asking the judge to withdraw from the case over allegations of bias.

In the suit, Jideobi asked the court to determine “whether in view of the combined provisions of sections 1(1), (2) and (3) and 137(3) of the 1999 Constitution, the 1st defendant is eligible, under any circumstances whatsoever, to contest for the office of the president of the Federal Republic of Nigeria.”

The plaintiff argued that Jonathan had already exhausted the constitutional limit for the office after completing the tenure of late President Umaru Musa Yar’Adua and subsequently serving another full term following the 2011 presidential election.

According to an affidavit deposed to by Emmanuel Agida on behalf of the plaintiff, Jonathan first assumed office as president on May 6, 2010, after Yar’Adua’s death, and later took the oath of office again on May 29, 2011, after winning the presidential poll.

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The plaintiff also accused the court of bias and filed an application requesting Justice Lifu’s recusal, alleging that the judge reduced the 14-day period initially granted for him to respond to Jonathan’s counter-affidavit and preliminary objection.

However, counsel to the former president, Chris Uche (SAN), urged the court to dismiss the suit entirely and award N50 million in costs against the plaintiff.

While arguing Jonathan’s preliminary objection and counter-affidavit, Uche cited earlier legal actions challenging Jonathan’s eligibility, including suits reportedly filed by Andy Solomon and Cyracus Njoku, which he said had already been dismissed by the courts.

He further argued that Section 137(3) of the Constitution, which disqualifies individuals who have taken the presidential oath more than twice, could not be applied retroactively against Jonathan.

According to him, the constitutional amendment came after Jonathan had already contested the 2015 presidential election.

Uche accused the plaintiff of attempting to weaponise the judicial process for political purposes by seeking to exclude Jonathan from future elections.

“He has no locus standi to bring this action and no cause of action has crystallised,” he said.

The senior advocate further argued that the plaintiff failed to demonstrate how the matter personally affected him or establish any legal injury necessary to sustain the suit.

He added that the plaintiff ought to show he was a registered voter with a direct interest in who governs the country before instituting such an action.

Also appearing for the Federal Government, the Director of Civil Litigation and Public Law at the Federal Ministry of Justice, Dr. Maimuna Lamin Shiru, asked the court to dismiss the suit in its entirety.

However, counsel to the plaintiff, Ndubuisi Ukpai, disagreed with the objections raised by Jonathan and the Attorney General’s office.

Ukpai argued that being a registered voter was not a legal requirement for filing the action and urged the court to reject both the preliminary objections and counter-affidavits filed by the defendants.

The case has continued to attract public attention amid growing political speculation over Jonathan’s possible role in the 2027 presidential race, although the former president has not publicly declared any intention to contest the election.

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