By Nchetachi Chukwuajah
A Federal High Court in Abuja has adjourned a suit seeking to determine former President Goodluck Jonathan’s eligibility to contest the 2027 presidential election till May 11.
Justice Peter Lifu adjourned the matter on Friday, May 8, following an application by the plaintiff’s counsel, Ndubuisi Ukpai, who told the court that he was only recently served with a preliminary objection filed by the defence and needed time to respond.
The suit, instituted by a lawyer, Johnmary Jideobi, is asking the court to determine whether the former president can lawfully present himself for another presidential contest under the 1999 Constitution.
During Friday’s proceedings, counsel to Jonathan, Chris Uche (SAN), informed the court that he only became aware of the matter through media reports and had been working to ensure that all necessary court processes on behalf of the former president were properly filed.
Uche also drew the court’s attention to what he described as similar issues previously determined by both the Federal High Court and the Court of Appeal, questioning why the controversy around Jonathan’s eligibility was resurfacing.
The Independent National Electoral Commission (INEC) and the Attorney-General of the Federation, listed as second and third respondents, were not represented in court on Friday.
Justice Lifu adjourned the case after listening to the submissions from the parties and ordered that hearing notices be properly served on all respondents before the next adjourned date.
The judge had, on April 28, ordered that hearing notices be issued and served on all defendants after noting that some parties had yet to file responses in the matter.
The suit seeks the court’s declaration that Jonathan is constitutionally ineligible to contest the presidency again, having exhausted the constitutional limits for the office.
The plaintiff, Jideobi, is also seeking an order restraining the former president from presenting himself to any political party as a candidate in the 2027 general election, as well as a directive barring INEC from accepting or publishing his name as a presidential candidate.
Jideobi asked for a constitutional interpretation to “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.”
He further argued that Jonathan had already exhausted the constitutional limits for the office, having completed the tenure of the late President Umaru Musa Yar’Adua after he died in 2010, and later serving a full four-year term after winning the 2011 presidential election.
In an affidavit filed in support of the suit, Emmanuel Agida, who deposed on behalf of the plaintiff, said the legal action became necessary following reports that Jonathan was considering another presidential bid in 2027.
According to the plaintiff, allowing Jonathan to contest and potentially win would amount to him taking the presidential oath of office for a third time, which he contends is prohibited under the Constitution.
