Taiwo POPOOLA
Justice Peter Lifu of the Federal High Court in Abuja has set May 15 as a deadline for a definite hearing in a suit filed by a lawyer, Johnmary Jideobi, seeking to stop former President Goodluck Jonathan from contesting the 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 the 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 the lack of service of hearing notice is fundamental.
The judge said rather than striking out the suit, he prefers to bend backwards to accommodate the plaintiff and the two defendants for the last time.
While adjourning the matter to May 15, Justice Lifu ordered that a 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.
