Former President Goodluck Jonathan and the Attorney General of the Federation, Lateef Fagbemi, have asked the Federal High Court in Abuja to dismiss a suit challenging Jonathan’s eligibility to contest the 2027 presidential election.
The case was filed by Abuja-based lawyer Johnmary Jideobi, who is seeking judicial interpretation of constitutional provisions to determine whether Jonathan remains qualified to seek the office of President under the 1999 Constitution.
Justice Peter Lifu has scheduled May 26 for judgment, which will also include a ruling on a separate application in which the plaintiff is asking the judge to withdraw from the matter over alleged bias.
At the centre of the suit is a request for the court to interpret “whether in view of the combined provisions of sections 1(1), (2) and (3) and 137(3) of the 1999 Constitution, the 1st defendant is eligible, under any circumstances whatsoever, to contest for the office of the president of the Federal Republic of Nigeria.”
The plaintiff maintains that Jonathan has already exceeded the constitutional threshold for presidential tenure.
He noted that Jonathan first assumed office on May 6, 2010, following the death of President Umaru Musa Yar’Adua, and later completed a full term after winning the 2011 election.
In an affidavit supporting the suit, Emmanuel Agida stated that Jonathan was sworn in twice, first in 2010 and again on May 29, 2011, after his electoral victory.
Jideobi has also applied for Justice Lifu’s withdrawal from the case, alleging bias and questioning the court’s handling of timelines, particularly the alleged reduction of time initially granted to respond to Jonathan’s counter-affidavit and preliminary objection.
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Counsel to Jonathan, Chris Uche (SAN), urged the court to strike out the suit and award N50 million costs against the plaintiff.
He argued that the case lacked merit and relied on earlier decisions in similar matters, including suits filed by Andy Solomon and Cyracus Njoku, which were dismissed.
Uche further contended that the constitutional provisions cited by the plaintiff could not be applied retrospectively against Jonathan, who had participated in the 2015 presidential election after leaving office.
He also challenged the plaintiff’s standing, stating, “He has no locus standi to bring this action and no cause of action has crystallised.”
According to him, any valid plaintiff must demonstrate a direct interest in the matter, including being a registered voter.
The Director of Civil Litigation and Public Law at the Federal Ministry of Justice, Dr Maimuna Lamin Shiru, aligned with this position and also urged the court to dismiss the suit.
However, counsel for the plaintiff, Ndubuisi Ukpai, disagreed, insisting that voter registration was not a prerequisite for instituting the action and asking the court to disregard the objections raised by the defence.
The court is expected to deliver its ruling on May 26, alongside the recusal application.