2027: Jonathan Asks Court to Strike out Suit Challenging His Eligibility

Alex Enumah in Abuja

Former President Goodluck Jonathan on Monday asked a Federal High Court in Abuja, to strike out the suit seeking his disqualification from the 2027 presidential election.

He predicated his request on grounds of alleged absence of diligent prosecution on the part of the plaintiff.

Recall that the court had last week adjourned to May 11, following a request by plaintiff to enable him respond to Jonathan’s counter-affidavit.

Justice Peter Lifu, in granting the adjourned had urged parties, especially the plaintiff to endeavour to be in court, as the court was bending backward to grant the adjournment.

However, when the matter came up on Monday, neither the plaintiff, Johnmary Jideobi nor his lawyer, Ndubuisi Ukpai, was in court.

They did not also call or wrote the court to explain their absence, a development which led Jonathan’s lawyer, Chief Chris Uche, SAN, to ask the court to strike out the case for lack of diligent prosecution.

Uche argued that having joined issues with each other, the suit is liable to dismissal and should be dismissed with a N5 million cost.

Responding, Justice Lifu observed that he is minded to once again “bend back to accommodate the plaintiff who are absent without just cause shown”, indicating that the court would not hesitate to throw out the suit if the plaintiff and his lawyer failed to show up on the next adjourned date.

He subsequently fixed May 15, for definite hearing and also ordered fresh hearing notice to be issued and served on the respondents; the Independent National Electoral Commission (INEC) and the Attorney-General of the Federation (AGF), who are yet to be served with the suit.

The plaintiff, Johnmary Jideobi
had filed the case seeking an order restraining Jonathan from presenting himself to any political party as a candidate for the 2027 election.

He is also asking the court to stop INEC from accepting, processing or publishing Jonathan’s name as a presidential candidate.

In the suit, the plaintiff asked the court to determine whether, based on Sections 1(1), (2), (3) and 137(3) of the 1999 Constitution, Jonathan remains eligible under any circumstances to contest for Nigeria’s highest office again.

According to the plaintiff, Jonathan had already exhausted the constitutional limit for the office after completing the tenure of late President Umaru Musa Yar’Adua and subsequently serving a full four-year term following the 2011 election.

An affidavit filed in support of the suit by Emmanuel Agida stated that Jonathan assumed office as president on May 6, 2010, after Yar’Adua died a day earlier.

Agida said reports suggesting that, Jonathan may be interested in the 2027 election informed the decision to approach the court with the suit.

“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 could nominate Jonathan for the election in violation of constitutional provisions.

According to the affidavit, if Jonathan contests and wins the election, he would be taking the presidential oath of office for the third time.

Agida maintained that the suit was filed in the public interest and to uphold the supremacy of the constitution and preserve the integrity of Nigeria’s constitutional order.

Jonathan had earlier said he was consulting on whether or not he should join the 2027 Presidential race.