Jonathan Asks Court To Dismiss Suit Seeking To Bar Him From Presidential Race
LAGOS – Former President Goodluck Jonathan on Monday urged the Federal High Court in Abuja to dismiss a suit seeking to stop him from contesting the 2027 presidential election, following the absence of the plaintiff and other parties at the hearing.
Jonathan’s counsel, Chief Chris Uche (SAN), made the request before Justice Peter Lifu after the plaintiff, lawyer Johnmary Jideobi, failed to appear in court for the scheduled proceedings.
Also absent were the Independent National Electoral Commission and the Attorney General of the Federation and Minister of Justice, who are listed as the second and third defendants in the suit.
Uche argued that since all parties had already exchanged processes and joined issues in the matter, the suit should either be struck out or dismissed for want of diligent prosecution.
The senior advocate further asked the court to award a cost of N5 million against the plaintiff, insisting that as a legal practitioner, Jideobi ought to have either appeared in court or formally communicated any reason for his absence.
However, Justice Lifu declined the application to dismiss the case.
The judge held that there was no proof before the court that hearing notices had been served on INEC and the Attorney General ahead of Monday’s sitting.
Justice Lifu said the court would “bend backwards” one final time in the interest of justice to accommodate the absent parties and ensure fair hearing.
He subsequently adjourned the matter until May 15 for definite hearing and directed that hearing notices be served on the plaintiff and the absent defendants.
Jideobi had approached the court seeking an order restraining Jonathan from presenting himself to any political party as a candidate in the 2027 presidential election.
The plaintiff is also asking the court to bar INEC from accepting, processing or publishing Jonathan’s name as a presidential candidate.
At the centre of the legal dispute is the interpretation of Sections 1(1), 1(2), 1(3) and 137(3) of the 1999 Constitution regarding presidential tenure limits.
According to the plaintiff, Jonathan allegedly exhausted the constitutional limit for occupying the presidency after completing the tenure of late President Umaru Musa Yar’Adua and later serving a fresh four-year term following his victory in the 2011 presidential election.
An affidavit filed in support of the suit by Emmanuel Agida stated that Jonathan assumed office as president on May 6, 2010, a day after Yar’Adua’s death.
The deponent added that growing speculations surrounding Jonathan’s possible participation in the 2027 presidential election prompted the legal action.
“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 might nominate Jonathan in violation of constitutional provisions.
Agida also contended that if Jonathan contests and wins the election, he would be taking the presidential oath of office for the third time.
According to the affidavit, the suit was instituted in the public interest to preserve the supremacy of the constitution and safeguard Nigeria’s constitutional democracy.
Jonathan had earlier said he was still consulting on whether to contest the 2027 presidential election.
