Baring unforseen circumstances, the Federal High Court sitting in Abuja will tomorrow, May 26 deliver judgement 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 judgement in the suit, which would 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 determines “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 the 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 the Jideobi, averred that Jonathan was sworn in as president on May 6, 2010, following Yar’Adua’s death and 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 in the matter over alleged bias, because the court shortened the plaintiff’s 14 days 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 judgements, such as the Federal High Court between Andy Solomon and Jonathan; and that of Court of Appeal, between Cyracus Njoku and Jonathan, which he said were dismissed.
The senior lawyer further submitted that the amendment to the Section 137(3) of the Constitution, which bars officials who had sworn to an oath previously for more than twice, from seeking the same office, cannot be applied retroactively 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 for 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 and added that, for Jideobi to have locus, he must demonstrate how it affects him directly, and show that, he is a registered voter to show he is interested in who governs him.
Similarly, the Director of Civil Litigation and Public Law of the Ministry of Justice, Dr Maimuna Lamin Shiru, asked the court to dismiss Jideobi’s claim in its entirety.
In his objection, plaintiff’s counsel,
Ndubuisi Ukpai submitted that the issue of being a registered voter is never a condition for bringing the suit before the court, while urging the court to dismiss objections and counter affidavit 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 to pursue the suit.
The judge, who described the attitude of the plaintiff and his lawyer, which had continued to stall proceedings in the case, as “unacceptable,” 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 has not deemed it fit to serve, “is hereby granted grace of two hours from now, that is 10:30 am, to serve all the processes on INEC and the AGF.
“The 2nd and 3rd defendants are hereby ordered to file and serve their responses, if any, before 11am on Monday, 18th of May, 2026.
“By consent of counsel, this suit is adjourned to May 18th, 2026, by 12noon for definite hearing of the originating summons and all pending applications,” Justice Lifu held.
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 after.
Besides, he observed that counsel for the former president (1st defendant), Chief Chris Uche, SAN, told the court on May 8 when the case came up that they got the information about the suit in the media and decided to file and serve their processes.
The judge equally observed that on May 11, neither Jideobi, who is also a lawyer, nor Ukpai was in court despite fixing the hearing time at 2pm at the instance of the plaintiff’s lawyer on May 5.
He further noted that though Uche asked for 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.
END
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