Hearing in a suit seeking to bar former President Goodluck Jonathan from contesting the 2027 presidential election was on Monday stalled at the Federal High Court in Abuja due to the absence of the plaintiff and other defendants.
The case, filed by lawyer Johnmary Jideobi before Justice Peter Lifu, could not proceed as neither the plaintiff nor counsel to the Independent National Electoral Commission (INEC) and the Attorney-General of the Federation (AGF) were present in court.
When the matter was called, only counsel to Jonathan, Chief Chris Uche, SAN, was in attendance.
Uche informed the court that the matter had been fixed for hearing and noted that proceedings were scheduled for 2pm. He then urged the court to strike out the suit for lack of diligent prosecution.
He argued that the plaintiff’s counsel, Ndubuisi Ukpai, who had appeared at the previous sitting, failed to show up or provide any reason for his absence.
He also pointed out that the plaintiff, Jideobi, who is a lawyer himself, was also absent without explanation.
“My Lord, what it means is that they have lost interest in pursuing the suit, particularly after we have filed and served our notice of preliminary objection and other processes.
“And in a matter where processes have been exchanged, we may ask that the matter be dismissed,” he said.
He further relied on the court rules, urging Justice Lifu to strike out or dismiss the case with substantial cost.
“So, we humbly apply that it be struck out or dismissed with a very substantial cost,” he prayed.
In response, Justice Lifu directed the court registrar to confirm whether hearing notices had been served on INEC and the AGF, the second and third defendants.
It was confirmed that both INEC and the AGF had not been served.
The judge held that in the interest of fair hearing, the two defendants should be given another opportunity to be properly notified.
However, Uche maintained that since INEC and the AGF were passive parties in the suit, striking out the case would not prejudice them. He also asked the court to award N5 million cost against the plaintiff.
“For every default, there must be a consequence.
“So we urge your lordship to exercise the right you have under the rules of the court in our favour,” he said.
Justice Lifu, however, insisted on ensuring that all parties were given fair hearing, particularly INEC.
“Let us give them time. Let this order be served on INEC because INEC is fundamental in this case
“Let us listen to INEC in this matter,” he said.
He subsequently adjourned the case to May 15 for definite hearing and ordered that hearing notices be issued and served on the plaintiff, INEC, and the AGF for the last time.
“In the circumstances of this case, I am minded to bend backward to accommodate the plaintiff and the 2nd and 3rd defendants who have consistently absent,” the judge said.
He noted that the hearing had earlier been fixed for 2pm in line with agreement reached with the plaintiff’s lawyer.
NAN reports that Jonathan, through his preliminary objection filed by Chief Chris Uche, SAN, challenged the competence of the suit, arguing that the plaintiff lacked the legal standing to institute it.
He described the case as speculative, premature, and based on media reports, stressing that no election process was ongoing and therefore no cause of action existed.
Jonathan’s legal team further argued that the court lacked jurisdiction to entertain what they described as hypothetical constitutional questions.
They also maintained that the suit was an abuse of court process aimed at securing a pre-emptive political judgment, while noting that similar issues had already been decided in a prior judgment of the Federal High Court in Yenagoa.
The former president therefore urged the court to dismiss the case for lack of jurisdiction and abuse of court process.
In the suit marked FHC/ABJ/CS/2102/2025, filed on October 6, 2025, Jideobi listed Jonathan as first defendant, with INEC and the AGF as second and third defendants respectively.