The Federal High Court in Abuja has summoned the Independent National Electoral Commission (INEC) and the Attorney General of the Federation in a legal case challenging former President Goodluck Jonathan’s eligibility to contest the 2027 presidential election.
The case came up on Monday before Justice Peter Lifu, where Jonathan’s legal team asked the court to strike out the suit after the plaintiff, lawyer Johnmary Jideobi, failed to appear for the scheduled hearing.
Representing Jonathan, Chief Chris Uche (SAN) argued that the plaintiff’s absence showed a lack of diligent prosecution, especially as all parties had already joined issues in the matter. He urged the court to either dismiss or strike out the suit entirely and requested that a cost of N5 million be awarded against the plaintiff.
According to Jonathan’s counsel, the plaintiff, being a legal practitioner, should have either attended the proceedings or properly informed the court of any inability to appear.
However, Justice Lifu declined the request to dismiss the case. The judge noted that there was no evidence showing that hearing notices had been properly served on both INEC and the Attorney General of the Federation and Minister of Justice, who are listed as the second and third defendants in the matter.
In the interest of justice, Justice Lifu said the court would allow one final opportunity for all parties to be properly notified and heard. The matter was subsequently adjourned to May 15 for a definite hearing, with the court ordering fresh hearing notices to be served on the plaintiff as well as the absent defendants.
The lawsuit seeks to prevent Goodluck Jonathan from contesting the 2027 presidential election. In his filing, the plaintiff asked the court to restrain Jonathan from presenting himself to any political party as a candidate and to stop INEC from accepting, processing, or publishing his name as a presidential contender.
At the center of the legal dispute is the interpretation of Sections 1 and 137(3) of the 1999 Constitution, particularly whether Jonathan remains constitutionally qualified to seek the presidency again.
The plaintiff argues that Jonathan already exhausted the constitutional two-term limit after completing the tenure of late President Umaru Musa Yar’Adua following his death in 2010 and then serving a full four-year term after winning the 2011 presidential election.
According to an affidavit filed in support of the suit by Emmanuel Agida, Jonathan first assumed office on May 6, 2010, after Yar’Adua’s death and later won reelection in 2011.
The plaintiff maintains that if Jonathan contests and wins in 2027, he would effectively be taking the presidential oath of office for a third time, which he argues would violate constitutional provisions.
The suit also states that it was filed in the public interest to preserve constitutional order and uphold the supremacy of Nigeria’s laws.
Speculation surrounding Jonathan’s possible return to active politics has continued to grow in recent months, although the former president has previously said he is still consulting and has not made a final decision on whether to contest in 2027.
With the case now adjourned, legal and political observers will be closely watching the court’s eventual interpretation of the constitutional provisions and what it could mean for Jonathan’s political future.
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