Justice Peter Odo Lifu of the Federal High Court in Abuja has set a May 15 deadline for the definite hearing in a suit filed by lawyer Johnmary Jideobi, who seeks to prevent former President Goodluck Jonathan from contesting the 2027 presidential election.
The judge on Monday rescheduled the hearing after the plaintiff, Johnmary Jideobi, and his lawyer failed to appear in court without any prior notification. In addition to the absence of the plaintiff, who is a legal practitioner, the Independent National Electoral Commission (INEC) and the Attorney General of the Federation (AGF) and Minister of Justice, listed as the second and third defendants, were also not present in court.
Following the non-appearance of the plaintiff and the two defendants, Chief Chris Uche, SAN, representing former President Goodluck Jonathan, applied to the court to strike out the suit for lack of diligent prosecution. Having joined issues with each other, Uche argued that the suit is liable to dismissal and should be dismissed with a cost of N5 million awarded against the plaintiff and payable to Jonathan. He stated that from all indications, the plaintiff has abandoned the suit and fled upon seeing the preliminary objections raised against it, adding that the court is a busy place and not for unserious matters.
Justice Lifu, however, noted that there was no evidence of service of hearing notice on INEC and the AGF to appear in court for the hearing of the suit, emphasizing that lack of service of hearing notice is fundamental. The judge said that rather than striking out the suit, he prefers to bend backward to accommodate the plaintiff and the two defendants for the last time.
While adjourning the matter to May 15, Justice Lifu ordered that hearing notices be served on the plaintiff and the second and third defendants who were not in court on Monday. The plaintiff, Johnmary Jideobi, had filed the case seeking an order to restrain Jonathan from presenting himself to any political party as an aspirant 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 has 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 that reports suggesting 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.
