A Federal High Court in Abuja has ordered that hearing notices be served on the Attorney General of the Federation and the Independent National Electoral Commission in a suit challenging former President Goodluck Jonathan’s eligibility to contest the 2027 presidential election.
Justice Peter Lifu issued the directive on Monday after both defendants, listed as the 2nd and 3rd respondents in the matter, were absent from the scheduled proceedings. The plaintiff, a lawyer named Johnmary Jideobi, also failed to appear in court.
Jonathan, through his legal team led by Chief Chris Uche, a Senior Advocate of Nigeria, had urged the court to strike out the suit for lack of diligent prosecution. Uche argued that since parties had already joined issues in the matter, the plaintiff’s failure to appear warranted dismissal.
The senior advocate further requested the court to award N5 million in costs against the plaintiff, noting that Jideobi, being a legal practitioner himself, ought to have properly prosecuted the case or informed the court of his inability to attend.
However, Justice Lifu declined the request for dismissal. The judge observed that there was no evidence before him to confirm that hearing notices had been served on INEC and the AGF ahead of Monday’s proceedings.
In the interest of justice, the judge said he would “bend backwards” one last time to accommodate the absent parties. He subsequently adjourned the matter until May 15 for a definite hearing and ordered that hearing notices be served on the plaintiff as well as the two missing defendants.
The plaintiff had instituted the suit seeking an order restraining Jonathan from presenting himself to any political party as a candidate for the 2027 presidential election. He is also asking the court to stop INEC from accepting, processing, or publishing Jonathan’s name as a presidential candidate.
At the heart of the case is a constitutional question: whether Jonathan has already exhausted the presidential term limit. The plaintiff argues that having regard to Sections 1 and 137(3) of the 1999 Constitution, Jonathan is no longer eligible to seek the office again.
According to an affidavit filed in support of the suit by Emmanuel Agida, Jonathan assumed office as President on May 6, 2010, following the death of late President Umaru Yar’Adua a day earlier. He subsequently won a fresh four-year term in the 2011 election.
The deponent stated that speculations about Jonathan’s possible interest in the 2027 race prompted the filing of the suit. He maintained that Jonathan has completed both the unexpired term of Yar’Adua and a full term of his own, thereby exhausting the constitutional limit of two tenures as president.
The affidavit further warned that unless the court intervenes, a political party might nominate Jonathan in breach of constitutional provisions. If that happens and Jonathan goes on to win the election, the deponent argued, he would be taking the presidential oath of office for the third time.
Agida insisted that the suit was filed in the public interest to preserve the supremacy of the constitution and protect Nigeria’s constitutional order.
Jonathan has previously stated that he is still consulting on whether to contest the 2027 presidential election.
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