Barring unforeseen circumstances, the Federal High Court sitting in Abuja will tomorrow, May 26, deliver judgment in a suit filed by an Abuja-based lawyer seeking to stop former President Goodluck Jonathan from contesting the 2027 presidential election.

The trial judge, Justice Peter Lifu, had on May 18 fixed tomorrow for composite judgment in the suit, which will include a ruling on the application by the plaintiff, Johnmary Jideobi, asking him to recuse himself.

In the originating summons, which has Jonathan, the Independent National Electoral Commission (INEC) and the Attorney General of the Federation (AGF) as 1st to 3rd defendants, Jideobi requested, among others, that the court determine “whether, in view of the combined provisions of sections 1(1), (2) and (3) and 137(3) of the 1999 Constitution, the 1st defendant is eligible, under any circumstances whatsoever, to contest for the office of President of the Federal Republic of Nigeria.”

Jideobi argued that Jonathan had exhausted the constitutional limit allowed for a president, having completed the tenure of the late Umaru Musa Yar’Adua before serving another full term after the 2011 election.

In an affidavit filed in support of the suit, Emmanuel Agida, who deposed on behalf of Jideobi, averred that Jonathan was sworn in as President on May 6, 2010, following Yar’Adua’s death, and took another oath on May 29, 2011, after winning the election.

When the matter came up on May 18, Jideobi brought an application asking the judge to recuse himself over alleged bias, because the court shortened the plaintiff’s 14-day requirement to reply to Jonathan’s counter-affidavit and preliminary objection.

Earlier, counsel to the former President, Chief Chris Uche (SAN), in arguing both his counter-affidavit and preliminary objection, asked the court to dismiss the suit with a cost of N50 million.

He cited two previous judgments, including the Federal High Court case between Andy Solomon and Jonathan, and that of the Court of Appeal between Cyracus Njoku and Jonathan, which he said were dismissed.

The senior lawyer further submitted that the amendment to Section 137(3) of the Constitution, which bars officials who have previously sworn to an oath more than twice from seeking the same office, cannot be applied retrospectively against Jonathan, who contested in 2015.

He argued that Jideobi was trying to weaponise litigation as a means of political exclusion when the Nigerian Constitution grants every qualified citizen the right to seek the highest office in the land.

“He has no locus standi to bring this action, and no cause of action has crystallised,” he told the court, adding that for Jideobi to have locus, he must demonstrate how it affects him directly and show that he is a registered voter to establish his interest in who governs him.

Similarly, the Director of Civil Litigation and Public Law at the Ministry of Justice, Dr Maimuna Lamin Shiru, asked the court to dismiss Jideobi’s claim in its entirety.

In his objection, the plaintiff’s counsel, Ndubuisi Ukpai, submitted that being a registered voter is not a condition for bringing the suit before the court, while urging the court to dismiss the objections and counter-affidavits of Jonathan and the Ministry of Justice.

It would be recalled that the trial judge had, on May 15, rebuked the plaintiff and his lawyer, Ndubuisi Ukpai, over lack of diligence in pursuing the suit.

The judge, who described the attitude of the plaintiff and his lawyer as “unacceptable” due to continued delays, awarded a N1 million fine against the plaintiff in favour of the former President.

Justice Lifu ordered the plaintiff, who filed the suit on October 6, 2025, and had not deemed it fit to serve, to be granted a grace of two hours from then, that is 10:30 a.m., to serve all processes on INEC and the AGF.

The 2nd and 3rd defendants were ordered to file and serve their responses, if any, before 11 a.m. on Monday, May 18, 2026.

By consent of counsel, the suit was adjourned to May 18, 2026, at 12 noon for definite hearing of the originating summons and all pending applications.

The judge, who observed that Jideobi filed the suit since October 6, 2025, expressed surprise that he had yet to serve INEC and the AGF six months later.

He also noted that counsel for the former President (1st defendant), Chief Chris Uche, SAN, told the court on May 8 that they only became aware of the suit through the media and proceeded to file and serve their processes.

The judge further observed that on May 11, neither Jideobi nor his lawyer was in court despite the hearing being fixed for 2 p.m. at the instance of the plaintiff’s counsel.

He further noted that although Uche requested a N5 million cost, the request was not granted in the interest of fair hearing.

“On May 11, this court refused to grant the 1st defendant’s application for a cost of N5 million. Today, it is crystal clear that the plaintiff did not serve the originating summons on the 2nd and 3rd defendants since October 6, 2025.

“This case is for hearing today, and the hearing has been frustrated or aborted due to the tardiness of the plaintiff, who is a lawyer by training and calling. Hearing cannot go on now. Consequently, I hold that punishment should lie where the fault is.

“I hereby award the cost of N1 million against the plaintiff but in favour of the 1st defendant only. I so ruled,” Justice Lifu held.

Nigerian Tribune)

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