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

Alex Enumah in Abuja

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

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

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

Justice Peter Lifu had, in granting the adjournment, 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 write the court to explain their absence, a development that 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 was liable to dismissal and should be dismissed with a N5 million cost.

Responding, Lifu observed that he was minded to once again “bend back to accommodate the plain-tiff, who were 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: Independent National Electoral Commission (INEC) and Attorney-General of the Federation (AGF), who were yet to be served with the suit.

The plaintiff, 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 also asked 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 remained 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 Yar’Adua and, subsequently, serving a full four-year term following the 2011 general 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 might be interested in the 2027 presidential election informed the decision to approach the court with the suit.