Former President Goodluck Jonathan and the Attorney General of the Federation and Minister of Justice, Lateef Fagbemi, have urged the Federal High Court in Abuja to dismiss a suit seeking to stop Jonathan from contesting the 2027 presidential election.
Justice Peter Lifu fixed May 26 for judgment on the matter, including a ruling on an application filed by Abuja-based lawyer, Johnmary Jideobi, asking the judge to withdraw from the case over alleged bias.
In the suit, Jideobi asked the court to determine whether Jonathan is constitutionally qualified to contest for president again under Sections 1 and 137(3) of the 1999 Constitution.
The plaintiff argued that Jonathan had already exhausted the constitutional limit for the office after completing the tenure of late President Umaru Musa Yar’Adua and later serving another full term following the 2011 election.
According to an affidavit filed by Emmanuel Agida on behalf of the plaintiff, Jonathan first took the oath of office on May 6, 2010, after Yar’Adua’s death, and was sworn in again on May 29, 2011, after winning the presidential election.
Jideobi also accused the court of bias, claiming the judge reduced the 14 days initially granted for him to respond to Jonathan’s counter-affidavit and preliminary objection.
However, counsel to Jonathan, Chris Uche (SAN), asked the court to dismiss the suit entirely and award ₦50 million in costs against the plaintiff.
Uche cited earlier court decisions involving similar suits filed against Jonathan by Andy Solomon and Cyracus Njoku, which were dismissed.
He further argued that the constitutional amendment contained in Section 137(3), which bars anyone who has taken the presidential oath more than twice from contesting again, cannot be applied retroactively against Jonathan.
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According to him, Jonathan had already contested the 2015 election before the amendment came into effect.
Uche also described the suit as politically motivated and argued that the plaintiff lacked the legal standing to institute the case.
“He has no locus standi to bring this action and no cause of action has crystallised,” he told the court.
The senior lawyer maintained that the plaintiff must show how the matter personally affects him and prove that he is a registered voter interested in who governs the country.
Representing the Attorney General of the Federation, the Director of Civil Litigation and Public Law at the Federal Ministry of Justice, Dr. Maimuna Lamin Shiru, also 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 requirement for filing the suit.
He urged the court to reject the preliminary objections and counter-affidavits filed by Jonathan and the Ministry of Justice.
