…Summons INEC, AGF
The Federal High Court in Abuja has adjourned a suit challenging former President Goodluck Jonathan’s eligibility to contest the 2027 presidential election, after key parties in the case failed to appear in court on Monday.
Jonathan, through his counsel, Chief Chris Uche (SAN), urged the court to dismiss the case outright, arguing that the plaintiff’s absence amounted to a lack of diligent prosecution.
The suit was filed by lawyer Johnmary Jideobi, who is asking the court to restrain Jonathan from presenting himself as a candidate in any political party for the 2027 presidential election. Also listed as defendants are the Independent National Electoral Commission (INEC) and the Attorney-General of the Federation and Minister of Justice, both of whom were absent at the hearing.
Uche told the court, presided over by Justice Peter Lifu, that the matter should be struck out or dismissed, adding that costs of ₦5 million should be awarded against the plaintiff. He argued that as a legal practitioner, Jideobi ought to have ensured proper prosecution of his case or informed the court of his inability to attend.
However, Justice Lifu declined the request, noting that there was no proof that hearing notices had been served on INEC and the Attorney-General of the Federation ahead of the proceedings.
The judge said he would “bend backwards” one more time in the interest of justice, and subsequently adjourned the matter till May 15 for a definite hearing. He also ordered that fresh hearing notices be served on all absent parties.
In his originating summons, Jideobi is asking the court to determine whether, in line with Sections 1(1), (2), (3) and 137(3) of the 1999 Constitution, Jonathan remains qualified to contest another presidential election, arguing that Jonathan, having completed the tenure of the late former President Umaru Yar’Adua in 2010, and subsequently served a full four-year term after winning the 2011 election, has exhausted the constitutional limit of two terms.
In an affidavit supporting the suit, deposed to by Emmanuel Agida, the plaintiff stated that Jonathan assumed office on May 6, 2010, following Yar’Adua’s death a day earlier.
The affidavit further claimed that ongoing speculation about Jonathan’s possible return to the ballot in 2027 prompted the legal action, which it described as being in the public interest. It warned that allowing Jonathan to contest could lead to a third presidential oath of office, which the plaintiff says would contravene constitutional provisions.
Jonathan, a former President of Goodluck Jonathan, has not declared his candidacy, but has previously said he is still consulting on whether to join the 2027 presidential race.
The electoral body, INEC, and the office of the Attorney-General of the Federation are expected to respond when the matter returns to court next week.
