Justice Peter Lifu fixed the matter for judgment after all parties had adopted their briefs of argument.
While the Attorney-General of the Federation (AGF), who was listed as a defendant in the matter, aligned with ex‑President Jonathan in seeking dismissal of the suit, the Independent National Electoral Commission (INEC) shunned the legal action as it had no legal representation in court.
Both the AGF and Jonathan asked the court to award substantial costs against the plaintiff, who is an Abuja-based lawyer.
They also opposed a motion that sought recusal of the judge on grounds of bias.
The plaintiff had in the suit marked FHC/ABJ/CS/ 2102/2025, posed a lone question for the court to determine:
“Whether in view of the combined provisions of the entirety of Sections 1(1), (2) & (3) and 137(3) of the 1999 Constitution of the Federal Republic of Nigeria as amended and their conflated interpretation, the 1st Defendant is eligible, under any circumstances [whatsoever] to contest for the office of the President of the Federal Republic of Nigeria?”
Upon the determination of the question, he sought, among other reliefs:
“An order of perpetual injunction of this Honourable Court restraining the first Defendant [Goodluck Ebele Jonathan] from presenting himself to any political party in Nigeria for nomination as its candidate for the general election into the office of the President of the Federal Republic of Nigeria, holding in 2027 and other years to come.
“An order of perpetual injunction of this Honourable Court restraining the 2nd Defendant [INEC] from either accepting from any political party in Nigeria the name of the 1st Defendant [Goodluck Ebele Jonathan] or publishing same as a candidate for election into the office of the President of the Federal Republic of Nigeria holding in 2027 and other years to come.”
As well as, “an order of this Honourable Court directing the 3rd Defendant [Honourable Attorney-General of the Federation] to ensure compliance with the decisions and Orders of this court.”
In an affidavit of facts that was deposed in support of the suit by one Emmanuel Agida, the plaintiff contended that if ex-President Jonathan wins the 2027 presidential election, which is for a term of 4 years spanning 2027 to 2031, he would have exceeded 8 years, being the cumulative maximum years a Nigerian President is statutorily permitted to stay in office.
“That 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.
“That if the court does not intervene timeously, a political party may present the 1st defendant as its presidential candidate in the 2027 general election, thereby breaching the Constitution.
“In the event the 1st defendant is returned as elected and sworn as the President of the Federal Republic of Nigeria come in 2027, it will mark the 3rd time the 1st defendant will be taking the oath of office as the President of the Federal Republic of Nigeria,” he added.
Justice Lifu held that the ruling on objections to the suit would be delivered alongside the judgment.
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