The lawsuit aiming to prevent former Nigerian President Goodluck Jonathan from contesting the 2027 presidential election faced another delay on Friday as proceedings could not move forward at the Federal High Court.
The case, initiated by lawyer Johnmary Jideobi, is presided over by Justice Peter Odo Lifu. The hearing was stalled because the Independent National Electoral Commission was once again absent from court and lacked legal representation. INEC had also failed to show up during the previous session on May 11.
The Office of the Attorney General of the Federation, named as the third defendant, informed the court that it had not been served with the originating summons. Consequently, it could not file any response or formally enter an appearance.
In light of these developments, Justice Lifu ruled that an adjournment was necessary to ensure a fair hearing and justice. The court rescheduled the matter for May 18 for a definite hearing and instructed the plaintiff to properly serve all court documents and hearing notices on the relevant parties.
During the earlier sitting on May 11, proceedings had also stalled after the plaintiff and his legal counsel failed to appear in court without explanation. INEC and the Attorney General's office were similarly absent at that time.
Following that absence, Jonathan's counsel, Chris Uche, SAN, had requested the court to strike out the suit for lack of diligent prosecution and sought a ₦5 million cost award against the plaintiff.
In the substantive suit, Jideobi is seeking a court order to restrain Jonathan from presenting himself as a presidential aspirant under any political party ahead of the 2027 elections. He also wants an order preventing INEC from accepting, processing, or publishing Jonathan's name as a presidential candidate.
The plaintiff is asking the court to determine whether, under Sections 1(1), 1(2), 1(3), and 137(3) of the 1999 Constitution, Jonathan remains eligible to contest for the presidency.
According to the suit, Jonathan had already exhausted the constitutional two-term limit after completing the tenure of the late President Umaru Musa Yar'Adua in 2010, before later winning and serving a full four-year term following the 2011 election.
In a supporting affidavit, Emmanuel Agida stated that Jonathan assumed office on May 6, 2010, after Yar'Adua's death, and added that reports suggesting a possible 2027 presidential ambition prompted the legal challenge.
The plaintiff argued that allowing Jonathan to contest again would effectively amount to taking a third presidential oath of office, which would violate constitutional provisions. He further maintained that the suit was filed in the public interest to protect constitutional supremacy and preserve Nigeria's democratic order.
