Former President Goodluck Jonathan, the Attorney General of the Federation, and the Minister of Justice have petitioned the Federal High Court in Abuja to dismiss a suit seeking to prevent Jonathan from running in the 2027 presidential election.
Justice Peter Lifu set May 26 as the date for a composite judgment, which would include a decision on the plaintiff’s application, filed by Abuja-based lawyer Johnmary Jideobi, to recuse himself from the case.
In the first summons, Jideobi urged 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 complaint claimed that Jonathan had reached the constitutional limit for the post, having finished the tenure of late President Umaru Yar’Adua before serving another full term following the 2011 election.
In an affidavit filed in support of the claim, Emmanuel Agida, who testified on behalf of Jideobi, stated that Jonathan was initially sworn in as president on May 6, 2010, following Yar’Adua’s death, and then again on May 29, 2011, after winning the presidential election.
Jideobi also submitted an appeal on Monday requesting that Justice Lifu withdraw from the case due to claimed bias, stating that the court shortened the 14-day period provided to react to Jonathan’s counter-affidavit and preliminary objection.
While arguing the former president’s counter-affidavit and preliminary objection, Jonathan’s counsel, Chris Uche (SAN), sought the court to reject the claim and award N50 million in costs against the plaintiff.
Uche highlighted past rulings, including those in Andy Solomon’s and Cyracus Njoku’s lawsuits against Jonathan, which he said were dismissed.
He further contended that the modification to Section 137(3) of the Constitution, which prohibits individuals who have taken the oath of office more than twice from seeking the same post, could not be applied retroactively to Jonathan, who ran in the 2015 election.
According to him, Jideobi was attempting to use litigation as a political tool to disqualify Jonathan, despite constitutional provisions that allow qualified citizens to run for office.
“He has no locus standi to bring this action, and no cause of action has crystallized,” he said.
Uche went on to say that in order for the plaintiff to establish locus standi, he must demonstrate how the subject directly affected him as well as show that he was a registered voter who cared about who controlled the country.
Similarly, Dr. Maimuna Lamin Shiru, Director of Civil Litigation and Public Law at the Federal Ministry of Justice, who represented the AGF, asked the court to reject the entire action.
However, the plaintiff’s counsel, Ndubuisi Ukpai, contended that being a registered voter was not a prerequisite for filing the suit and urged the court to dismiss the objections and counter-affidavit filed by Jonathan and the Ministry of Justice.
