Justice Peter Lifu of the Federal High Court in Abuja has fixed May 15 for definite hearing in a suit seeking to stop former President Goodluck Jonathan from contesting the 2027 presidential election.
The suit was filed by a lawyer, Johnmary Jideobi.
The judge adjourned the matter on Monday following the absence of the plaintiff and his counsel in court without any explanation.
Also absent in court were the Independent National Electoral Commission, INEC, and the Attorney General of the Federation, AGF, and Minister of Justice, who are the 2nd and 3rd defendants respectively.
Counsel to Jonathan, Chris Uche, SAN, urged the court to strike out the suit for lack of diligent prosecution.
Uche argued that the plaintiff appeared to have abandoned the matter after seeing the preliminary objections filed against the suit.
He further asked the court to award a cost of N5 million against the plaintiff in favour of Jonathan.
According to him, the court should not be occupied with what he described as unserious litigation.
However, Justice Lifu observed that there was no evidence that hearing notices had been served on INEC and the AGF, stressing that service of hearing notice is fundamental.
The judge said rather than strike out the case, the court would give the plaintiff and the absent defendants one final opportunity to appear.
He subsequently adjourned the matter to May 15 and ordered that hearing notices be served on the plaintiff as well as the 2nd and 3rd defendants.
Jideobi, in the suit, is seeking an order restraining Jonathan from presenting himself to any political party as an aspirant in the 2027 presidential election.
He also asked the court to stop INEC from accepting, processing or publishing Jonathan’s name as a candidate for the election.
The plaintiff wants the court to determine whether, under Sections 1(1), (2), (3) and 137(3) of the 1999 Constitution, Jonathan remains eligible to contest for the presidency again.
According to the plaintiff, Jonathan had already exhausted the constitutional limit 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 in support of the suit, deposed to by Emmanuel Agida, stated that Jonathan assumed office on May 6, 2010, following Yar’Adua’s death on May 5, 2010.
Agida said recent reports suggesting Jonathan may contest the 2027 election informed the filing of 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 may nominate Jonathan 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 to uphold the supremacy of the constitution and preserve the integrity of Nigeria’s constitutional order.
Jonathan had earlier said he was consulting on whether to join the 2027 presidential race.
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