By Muhammed Abubakar, Reporting
ABUJA – Former President Goodluck Jonathan on Monday asked the Federal High Court in Abuja to throw out a lawsuit seeking to disqualify him from the 2027 presidential election, after the claimant and other parties failed to appear for the hearing.
Chief Chris Uche (SAN), counsel for Mr Jonathan, made the application before Justice Peter Lifu following the absence of the plaintiff, lawyer Johnmary Jideobi, from the day’s proceedings.
Also missing from court were the Independent National Electoral Commission (INEC) and the Attorney General of the Federation and Minister of Justice, who are named as the second and third defendants in the case.
Mr Uche argued that since all parties had already exchanged legal papers and joined issues, the suit ought to be struck out or dismissed for want of diligent prosecution. He further requested that the court award costs of N5 million against the plaintiff, insisting that as a legal practitioner, Mr Jideobi should either have appeared or formally communicated his reasons for being absent.
However, Justice Lifu declined the dismissal application. The judge ruled that there was no proof before the court that hearing notices had been served on INEC and the Attorney General ahead of Monday’s sitting.
“The court will bend backwards one final time in the interest of justice,” Justice Lifu said, adding that the absent parties must be accommodated to ensure fair hearing.
He adjourned the matter until 15 May for definite hearing and directed that hearing notices be served on the plaintiff and the absent defendants.
Dispute over tenure limits
Mr Jideobi had approached the court seeking an order to restrain Mr Jonathan from presenting himself to any political party as a candidate in the 2027 presidential election. The plaintiff also wants the court to bar INEC from accepting, processing or publishing Mr Jonathan’s name as a presidential candidate.
At the heart of the legal dispute is the interpretation of Sections 1(1), 1(2), 1(3) and 137(3) of the 1999 Constitution concerning presidential tenure limits.
According to the plaintiff, Mr Jonathan allegedly exhausted the constitutional limit for occupying the presidency after completing the late President Umaru Musa Yar’Adua’s tenure and later serving a fresh four-year term following his victory in the 2011 presidential election.
An affidavit filed in support of the suit by Emmanuel Agida stated that Mr Jonathan assumed office as president on 6 May 2010, one day after President Yar’Adua’s death. The deponent added that growing speculation surrounding Mr Jonathan’s possible participation in the 2027 election prompted the legal action.
“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 read.
The plaintiff further argued that unless the court intervenes, a political party might nominate Mr Jonathan in violation of constitutional provisions. Mr Agida also contended that if Mr Jonathan contests and wins the election, he would be taking the presidential oath of office for the third time.
According to the affidavit, the suit was brought in the public interest to preserve the supremacy of the constitution and safeguard Nigeria’s constitutional democracy.
Mr Jonathan has previously said he is still consulting on whether to contest the 2027 presidential election.
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