2027: Court Criticizes Plaintiff N1m for Delaying Hearing in Suit Over Jonathan’s Eligibility

.Fixes May 18 for definite hearing 

Alex Enumah in Abuja 

A Federal High Court in Abuja imposed a fine of N1 million on Abuja‑based lawyer Johnmary Jideobi for “frustrating” a hearing in the suit he filed, which challenges the legality of former President Goodluck Jonathan’s participation in the upcoming general elections.

The court’s decision was based on the plaintiff’s failure to serve the suit on the respondents more than six months after filing, his absence from Monday’s proceedings without notifying the court or the parties, and his late arrival at the Friday hearing.

Jideobi sought an order restraining Jonathan from presenting himself to any political party as a candidate for the 2027 election and requested that the Independent National Electoral Commission (INEC) be prevented from accepting, processing or publishing Jonathan’s name as a presidential candidate.

When the matter was called yesterday, neither the plaintiff nor his lawyer was present, prompting Jonathan’s lawyer, Chief Chris Uche, SAN, to ask the court to strike out or dismiss the suit for lack of diligent prosecution.

Before the court could respond, plaintiff’s lawyer Ndubuisi Ukpai appeared and apologized for his late arrival.

Ukpai highlighted pending applications before the court and argued that the plaintiff still had time to respond to Jonathan’s counter‑affidavit, but the judge reminded him that the court normally would not have heard him after his earlier disregard.

Trial judge Justice Peter Lifu recalled that the court had granted an adjournment request, only for the plaintiff to be absent on the new date without any reason or communication.

When Jonathan’s lawyer urged the court to proceed on the basis that the plaintiff was not serious, the judge explained that, to ensure a fair hearing, he would have to adjourn again because the second defendant, INEC, was not in court and the third defendant, the Attorney‑General of the Federation (AGF), was represented by counsel who had not filed any response.

The AGF’s lawyer, J. D. Esho, informed the court that the third defendant had not yet been served with the suit, a development that infuriated the judge.

The judge expressed anger and disappointment that the plaintiff had failed to serve the suit on any of the respondents since October of last year.

While condemning the plaintiff’s conduct, Justice Lifu ordered him to pay Jonathan N1 million in costs for bringing him to court and frustrating the hearing.

“I have carefully and painstakingly considered all the submissions and prayers of the counsel in this matter,” the judge said. “As this court has earlier ruled and ordered, this case has a character of politics. I have taken judicial notice of INEC’s timetable. The duty of this court is to ensure that political cases are given accelerated hearing and disposed of expeditiously. In that wise, and as earlier stated, this court reiterates the provisions of the National Judicial Policy in case management.”

“I hereby order as follows: The plaintiff, who filed this suit on October 6, 2025, and has not served it, is granted a grace of two hours from now, that is 10:30 am, to serve all the processes to the second and third defendants (INEC and AGF) unfailingly. The second and third defendants are ordered to file and serve their responses, if any, before 11 am on Monday, 18 May 2026. By consent of counsel, this suit is adjourned to May 18, 2026, at 12 noon for a definite hearing of the originating summons and all pending applications,” Justice Lifu said.

The judge, who noted that Jideobi filed the suit on October 6, 2025, expressed surprise that he had yet to serve INEC and the Attorney‑General of the Federation six months after filing.

He also observed that counsel for the ex‑president, Chief Chris Uche, SAN, told the court on May 8 that they had learned of the suit from the media and decided to file and serve their processes.

The judge further noted that on May 11, neither Jideobi nor Ukpai were in court despite the hearing being fixed at 2 p.m. at the plaintiff’s lawyer’s request on May 5.

He added that although Uche requested N5 million in costs, the request was denied in the interest of a fair hearing.

“No doubt, cause follows event. On May 11, this court refused to grant the first defendant’s application for a cost of N5 million but rather made cost in this cause. Today, it is crystal clear that the plaintiff did not serve the originating summons to the second and third defendants since October 6, 2025. This case is for hearing today and the hearing has been frustrated or aborted due to the tardiness of the plaintiff, who is a lawyer by training and calling. Hearing cannot go on now as an event. Consequently, I hold that punishment should lie where the fault is. I hereby award the cost of N1 million against the plaintiff but in favour of the first defendant only. I so ruled,” Justice Lifu said.

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.