By Nchetachi Chukwuajah
Former President Goodluck Jonathan and the Attorney General of the Federation and Minister of Justice, Lateef Fagbemi, have asked the Federal High Court in Abuja to dismiss a suit seeking the determination of Jonathan’s eligibility to contest the 2027 presidential election.
Counsel for Jonathan and the Director of Civil Litigation and Public Law at the Federal Ministry of Justice, Dr Maimuna Lamin Shiru, prayed the court to dismiss the suit during proceedings before Justice Peter Lifu on Monday, May 18.
This is even as Justice Lifu fixed Tuesday, May 26, for a composite judgement, including a ruling on an application by the plaintiff, Abuja-based lawyer, Johnmary Jideobi, asking the judge to withdraw from the matter.
In the originating summons, Jideobi asked the court to 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 the president of the Federal Republic of Nigeria.”
The plaintiff argued that Jonathan had exhausted the constitutional limit for the office, having completed the tenure of late President 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, stated that Jonathan was first sworn in as president on May 6, 2010, following Yar’Adua’s death, and again on May 29, 2011, after winning the presidential election.
According to the plaintiff, allowing Jonathan to contest the 2027 presidential election 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.
He is also asking the court to stop the Independent National Electoral Commission (INEC) from accepting, processing, or publishing Jonathan’s name as a presidential candidate.
Jideobi also filed an application on Monday, May 18, asking Justice Lifu to recuse himself from the case over alleged bias, claiming the court shortened the 14 days initially granted to respond to Jonathan’s counter-affidavit and preliminary objection.
While arguing Jonathan’s counter-affidavit and preliminary objection, the former president’s counsel, Chris Uche (SAN), urged the court to dismiss the suit and award N50 million costs against the plaintiff.
Uche cited previous judgments, including those in suits filed by Andy Solomon and Cyracus Njoku against Jonathan, which he said were dismissed.
The lawyer further argued that the amendment to Section 137(3) of the Constitution, which bars persons who had taken the oath of office more than twice from seeking the same office, could not be applied retroactively against Jonathan, who contested the 2015 election.
According to him, Jideobi was attempting to use litigation as a political tool to exclude Jonathan, despite constitutional provisions allowing qualified citizens to seek elective office.
Uche added that the plaintiff had no locus standi, and for him to establish locus standi, he must show how the matter directly affected him and also prove that he was a registered voter interested in who governed the country.
In the same vein, the Director of Civil Litigation and Public Law at the Federal Ministry of Justice, Dr Maimuna Lamin Shiru, asked the court to dismiss the suit in its entirety.
However, counsel to the plaintiff, Ndubuisi Ukpai, argued that being a registered voter was not a condition for instituting the suit and urged the court to dismiss the objections and counter-affidavit filed by Jonathan and the Ministry of Justice.
Justice Lifu subsequently fixed May 26 for a composite judgement in the suit after hearing the arguments canvassed by counsel to both the plaintiff and the defendants.
