Again, suit seeking to disqualify Goodluck Jonathan from 2027 presidential election suffers setback
Hearing Delayed in Lawsuit Against Former President Jonathan’s Candidacy
A lawsuit filed by attorney Johnmary Jideobi, which seeks to prevent former President Goodluck Jonathan from running in the 2027 presidential election, faced another setback during a hearing in Abuja on Friday.
The Independent National Electoral Commission (INEC) did not attend the court session, which marked the second consecutive absence. The commission had also been absent during the initial hearing on May 11.
During Friday’s proceedings, Attorney General of the Federation and Minister of Justice, who is the third defendant in the case, stated that he had not received the necessary documents to respond to the suit.
In light of these complications, Justice Peter Odo Lifu determined that it would be in the interest of justice to postpone the hearing. The case is now scheduled for May 18, with the court ordering the plaintiff to properly serve the defendants with the originating summons and hearing notifications.
Justice Lifu had previously set May 15 as the date for a definitive hearing; however, he was compelled to reschedule after Jideobi and his counsel failed to appear without notice.
In addition to the absence of Jideobi, both INEC and the Attorney General were also not present on May 11. Chris Uche, a Senior Advocate of Nigeria representing Jonathan, urged the court to dismiss the suit due to lack of due diligence in prosecution. He argued that the case merits dismissal and requested a financial penalty of 5 million naira to be awarded to Jonathan.
Jideobi’s suit seeks to restrict Jonathan’s ability to present himself as a presidential candidate for any political party in the upcoming election. He is also asking the court to prevent INEC from accepting or processing Jonathan’s nomination.
The lawsuit calls for a judicial determination regarding Jonathan’s eligibility to run for the presidency again under sections 1(1), (2), (3), and 137(3) of the 1999 Constitution. Jideobi contends that Jonathan has already reached the constitutional limit after completing the tenure of the late President Umaru Musa Yar’Adua, followed by a full term after the 2011 election.
An affidavit by Emmanuel Agida, submitted in support of the suit, indicates that Jonathan assumed the presidency on May 6, 2010, following Yar’Adua’s death. Agida noted that recent speculation about Jonathan’s potential candidacy in 2027 prompted the legal action.
“The plaintiff believes that the first 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 asserts.
Jideobi further argues that without court intervention, a political party could nominate Jonathan in violation of constitutional provisions. The affidavit warns that if Jonathan were to run and win, he would be taking the presidential oath for a third time.
Agida emphasized that the suit was filed in the public interest to uphold the supremacy of the constitution and to maintain the integrity of Nigeria’s constitutional order.
