…Slams N21m fine against plaintiff
The Federal High Court sitting in Abuja on Tuesday, held that former President Goodluck Jonathan is eligible to contest the 2027 Presidential election.
The trial judge, Justice Peter Lifu
declared this while delivering judgment in a suit filed by an Abuja based lawyer, Mr Johnmary Jideobi seeking the disqualification of the former president from participating in the presidential election slated for next year.
The judge held that the Originating Summons of the plaintiff failed and accordingly dismissed the suit.
Justice Lifu held that Jideobi lacked the locus standing (Legal right) to have instituted the suit, having not suffered any loss from his perceived Jonathan’s intention to contest the 2027 presidential election.
According to Justice Lifu, for the plaintiff to have locus standi (Legal right) to file the suit, he must show that his right is violated by the first defendant (Jonathan) or suffered injury or likely to suffer injury personally if the former president contest the presidential election.
He said, the plaintiff failed to show any personal injury or interest above every other person if Jonathan contest the 2027 presidential election.
The judge, who said, a Federal High Court in Yenagoa and an Appeal Court had already held that Jonathan was eligible to run, said he was bound by the decisions of the trial court and that of the appellate court.
Justice Lifu who held that, the suit of the plaintiff constitute an abuse of the precious time of the court, awarded a cost of N20 million against the plaintiff in favour of former president Goodluck Jonathan who is the first defendant in the suit.
The court also awarded a cost of N1 million against the plaintiff in favour of the Attorney General of the Federation (AGF), who is the third defendant in the matter.
The court held that, the plaintiff has failed to show what injury he has suffered or will suffer if the former president contest the election.
“This attitude of the plaintiff is unacceptable and should be discouraged”, the judge held.
Earlier, Justice Lifu held that the application by the plaintiff for him to recuse himself from the matter failed and was consequently dismissed.
He said, the plaintiff and his counsel failed to demonstrate in their affidavit any indication of bias by the trial judge.
“Consequently, the application for recusal is hereby dismissed for been reckless, frivolous and baseless”, the judge held.
The suit, marked FHC/ABJ/CS/2102/2025, was instituted by a lawyer, Johnmary Jideobi, who asked the court to declare Jonathan constitutionally ineligible to seek the presidency again.
Jonathan is listed as the first defendant in the suit, while the Independent National Electoral Commission (INEC) and the AGF are named as second and third defendants respectively.
The plaintiff sought an order restraining Jonathan from presenting himself to any political party as a candidate for the 2027 election as well as an order stopping INEC from accepting, processing or publishing Jonathan’s name as a presidential candidate.
In the suit, the plaintiff asked the court to determine whether, based on Sections 1(1), (2), (3) and 137(3) of the 1999 Constitution, Jonathan remains eligible under any circumstances to contest for Nigeria’s highest office again.
According to the plaintiff, Jonathan had already exhausted the constitutional limit for the office after completing the tenure of late President Umaru Musa Yar’Adua and subsequently serving a full four-year term following the 2011 election.
An affidavit filed in support of the suit by Emmanuel Agida stated that Jonathan assumed office as president on May 6, 2010, after Yar’Adua died a day earlier.
Agida said reports suggesting that, Jonathan may be interested in the 2027 election informed the decision to approach the court with the suit.
“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 stated.
The plaintiff further argued that unless the court intervenes, a political party could nominate Jonathan for the election in violation of constitutional provisions.
According to the affidavit, if Jonathan contests and wins the election, he would be taking the presidential oath of office for the third time.
Agida maintained that the suit was filed in the public interest and to uphold the supremacy of the constitution and preserve the integrity of Nigeria’s constitutional order.
At the proceedings of 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.
END
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