Justice Peter Lifu of the Federal High Court in Abuja has set May 15 as deadline for definite hearing in a suit filed by a lawyer, Johnmary Jideobi, seeking to stop former President Goodluck Jonathan from contesting 2027 presidential election.
The judge on Monday shifted the hearing date following the
absence of the plaintiff, Jideobi, and his lawyer in court without any
information.
Apart from the absence of the plaintiff, who is a legal
practitioner, the Independent National Electoral Commission, INEC, and the
Attorney General of the Federation, AGF, and Minister of Justice, who are 2nd
and 3rd defendants in the matter, were also not in court.
Following the absence of the plaintiff and the two
defendants, Chris Uche, SAN, representing former President Goodluck Jonathan,
applied to the court to strike out the suit for lack of diligent prosecution.
Having joined issues with each other, Uche said, the suit is
liable for dismissal with a N5 million cost to be awarded against the plaintiff
and payable to Jonathan.
He argued that from all indications, the plaintiff has
abandoned the suit and ran away upon sighting the preliminary objections raised
against the suit, adding that the court is a busy place and not for unserious
matters.
Justice Lifu however noted that there was no evidence of
service of hearing notice on INEC and AGF to appear in court for the suit
adding that lack of service of hearing notice is fundamental.
The judge said rather than striking out the suit, he prefers
to bend backward to accommodate the plaintiff and the two defendants for the
last time.
While adjourning the matter to May 15, Justice Lifu ordered
that hearing notice be served on the plaintiff and the 2nd and 3rd defendants
who were not in court on Monday.
The plaintiff, Johnmary Jideobi
had filed the case seeking an order to restrain Jonathan
from presenting himself to any political party as an aspirant for the 2027
election.
He is also asking the court to stop INEC from accepting,
processing or publishing Jonathan’s name as a presidential candidate.
In the suit, the plaintiff asked the court to determine
whether, based on sections 1(1), (2), (3) and 137(3) of the 1999 Constitution,
Jonathan remains eligible under any circumstances to contest for Nigeria’s
highest office again.
According to the plaintiff, Jonathan had already exhausted
the constitutional limit for the office 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 filed in support of the suit by Emmanuel Agida
stated that Jonathan assumed office as President on May 6, 2010, after Yar’Adua
died a day earlier.
Agida said reports suggesting that, Jonathan may be
interested in the 2027 election informed the decision to approach the court
with 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 could nominate Jonathan for the election 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 and to uphold the supremacy of the constitution and preserve the
integrity of Nigeria’s constitutional order.
Jonathan had said he was consulting on whether or not he
should join the 2027 presidential race.
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