A lawyer, Johnmary Chukwukasi Jideobi, has petitioned the Federal High Court in Abuja for a perpetual injunction to prevent former President Goodluck Jonathan from contesting the 2027 presidential election.
The court was also urged to prohibit the Independent National Electoral Commission, or INEC, from accepting or publishing Jonathan’s name as a legitimate presidential contender.
While ex-President Jonathan was named as the first defendant in the complaint filed in court on Monday, INEC and the Attorney General of the Federation (AGF) were placed as the second and third defendants, respectively.
Specifically, in the suit, marked FHC/ABJ/CS/2102/2025, the Plaintiff, Jideobi, posed a question for the court to determine:
“Whether in view of the combined provisions of the entirety of Sections 1(1), (2) & (3) and 137(3) of the 1999 Constitution of the Federal Republic of Nigeria as amended and their conflated interpretation, the 1st Defendant is eligible, under any circumstances [whatsoever], to contest for the office of the President of the Federal Republic of Nigeria?”
Upon the determination of the question, the plaintiff sought four principal reliefs, to wit:
“A declaration of this Honourable Court that upon an intimate reading and complete understanding of the entirety of Sections 1(1), (2) & (3) and 137(3) of the 1999 Constitution of the Federal Republic of Nigeria as amended, the first Defendant [GOODLUCK EBELE JONATHAN] is ineligible to stand for or occupy the office of the President of the Federal Republic of Nigeria.
“A declaration of this Honorable Court that in view of the entirety of Sections 1(1), (2) & (3) and 137(3) of the 1999 Constitution of the Federal Republic of Nigeria as amended, the 2nd Defendant [the INEC] lacks the constitutional power to receive from any political party the name of the first defendant or publish the same as the candidate of any political party for the election into the office of the President of the Federal Republic of Nigeria holding in 2027 and other years to come.
“An order of perpetual injunction of this Honorable Court restraining the first Defendant [Goodluck Ebele Jonathan] from presenting himself to any political party in Nigeria for nomination as its candidate for the general election into the office of the President of the Federal Republic of Nigeria holding in 2027 and other years to come.
“An order of perpetual injunction of this Honorable Court restraining the 2nd Defendant [INEC] from either accepting from any political party in Nigeria the name of the 1st Defendant [Goodluck Ebele Jonathan] or publishing the same as a candidate for election into the office of the President of the Federal Republic of Nigeria holding in 2027 and other years to come.
“An order of this Honourable Court directing the 3rd Defendant [Honourable Attorney-General of the Federation] to ensure compliance with the decisions and orders of this court.”
In an affidavit of facts submitted in support of the claim by one Emmanuel Agida, the plaintiff stated that he was a supporter of constitutionalism and the rule of law.
He stated that if the first defendant, Jonathan, wins the 2027 presidential election, which is for a four-year term running from 2027 to 2031, he will have served more than eight years, the maximum number of years a Nigerian president is legally allowed to serve.
The plaintiff stated that he recently read news in numerous national dailies and television stations about Jonathan’s desire to run for president in 2027.
“That 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.
“That if the court does not intervene timeously, a political party may present the 1st defendant as its presidential candidate in the 2027 general election, thereby breaching the Constitution,’’ he said.
Regarding his locus standi (legal right) to bring the lawsuit, the plaintiff said that one of his duties as a lawyer was to prevent a violation of the constitution and protect the rule of law.
“There are chances that one of the political parties in Nigeria may favor the 1st defendant to stand as its presidential candidate in the forthcoming 2027 general elections to be conducted and overseen by the 2nd defendant.
“If unchallenged, the 1st defendant may enter the 2027 presidential race on the platform of one of the political parties in Nigeria and may possibly emerge the winner of the said election.”
“In the event the 1st defendant is returned as elected and sworn in as the President of the Federal Republic of Nigeria in 2027, it will mark the 3rd time the 1st defendant will be taking the oath of office as the President of the Federal Republic of Nigeria.
“In the event the 1st defendant is returned as elected and sworn in as the President of the Federal Republic of Nigeria in 2027, the plaintiff, as a Nigerian citizen, would become one of those under the governance control of the 1st defendant [who, by virtue of his office, would be saddled with the responsibility of executing the laws of the country].
“It will be in the interest of justice for this Honorable Court to grant the prayers contained on the face of this Originating Summons,” the affidavit further read.
Meanwhile, no date has been fixed for the hearing of the matter.
