A lawsuit seeking to prevent former President Goodluck
Jonathan from contesting the 2027 presidential election was stalled again on
Friday at the Federal High Court.
The case, filed by lawyer Johnmary Jideobi, is being
heard by Justice Peter Odo Lifu. However, proceedings could not continue
because the Independent National Electoral Commission, INEC, was absent from
court and had no legal representative present.
INEC had also failed to appear at the previous hearing
on May 11.
The Office of the Attorney General of the Federation,
listed as the third defendant in the suit, also told the court that it had not
been served with the originating summons. As a result, it said it could not
file a response or formally enter an appearance in the matter.
Justice Lifu said the case had to be adjourned in the
interest of fair hearing and justice.
The court then fixed May 18 for definite hearing and
directed the plaintiff to ensure that all court processes and hearing notices
are properly served on the necessary parties.
At the previous sitting on May 11, the matter had also
failed to proceed after the plaintiff and his lawyer were absent from court
without explanation. INEC and the Attorney General’s office were also not
present at that hearing.
Following the plaintiff’s absence at the earlier
sitting, Jonathan’s lawyer, Chris Uche, SAN, had asked the court to strike out
the case for lack of diligent prosecution. He also requested a ?5 million cost
against the plaintiff.
In the main suit, Jideobi is asking the court to stop
Jonathan from presenting himself as a presidential aspirant under any political
party ahead of the 2027 elections.
He is also seeking an order restraining INEC from
accepting, processing, or publishing Jonathan’s name as a presidential
candidate.
The plaintiff wants the court to determine whether
Jonathan is still eligible to contest for president under Sections 1(1), 1(2),
1(3), and 137(3) of the 1999 Constitution.
According to the suit, Jonathan had already reached
the constitutional limit after completing the tenure of late President Umaru
Musa Yar’Adua in 2010 and later serving a full four-year term after winning the
2011 presidential election.
In a supporting affidavit, Emmanuel Agida stated that
Jonathan became president on May 6, 2010, following Yar’Adua’s death. He said
reports suggesting Jonathan may contest in 2027 prompted the legal action.
The plaintiff argued that if Jonathan is allowed to
contest and win, he would take the presidential oath of office for a third
time, which he claimed would violate the Constitution.
He maintained that the suit was filed in the public
interest to uphold constitutional supremacy and protect Nigeria’s democratic
system.
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