Former Nigerian President Goodluck Jonathan and the Attorney General of the Federation have asked the Federal High Court in Abuja to dismiss a lawsuit seeking to bar Jonathan from contesting the 2027 presidential election.
Justice Peter Lifu fixed May 26 for judgment, including a ruling on an application by the plaintiff, Abuja-based lawyer Johnmary Jideobi, requesting that the judge recuse himself from the case over alleged bias.
In the suit, Jideobi asked the court to determine whether Jonathan was eligible to contest for president under the provisions of the 1999 Constitution.
The plaintiff argued that Jonathan had exhausted the constitutional limit for the presidency after completing the tenure of late President Umaru Musa Yar’Adua and subsequently serving a full term following the 2011 election.
According to an affidavit filed by Emmanuel Agida on behalf of the plaintiff, Jonathan first took the oath of office as president on May 6, 2010, following Yar’Adua’s death, and again on May 29, 2011, after winning the presidential election.
Jideobi also asked Justice Lifu to withdraw from the matter, alleging bias and claiming the court shortened the 14 days initially granted for him to respond to Jonathan’s counter-affidavit and preliminary objection.
Counsel for Jonathan, Chris Uche, urged the court to dismiss the suit and award 50 million naira ($31,000) in costs against the plaintiff.
Uche cited previous judgments in suits filed by Andy Solomon and Cyracus Njoku against Jonathan, which he said were dismissed.
He argued that the amendment to Section 137(3) of the Constitution, which bars individuals who have taken the oath of office more than twice from contesting the same office, could not be applied retroactively to Jonathan.
According to Uche, Jonathan had already contested the 2015 presidential election before the constitutional amendment took effect.
“He has no locus standi to bring this action and no cause of action has crystallised,” Uche told the court.
He added that the plaintiff failed to show how the matter directly affected him or establish that he was a registered voter with an interest in the country’s leadership.
Representing the Attorney General of the Federation, Director of Civil Litigation and Public Law at the Federal Ministry of Justice, Maimuna Lamin Shiru, also asked the court to dismiss the suit.
However, counsel to the plaintiff, Ndubuisi Ukpai, argued that being a registered voter was not a requirement for filing the suit and urged the court to reject the objections and counter-affidavits filed by Jonathan and the Ministry of Justice.
