Jonathan, AGF ask court to dismiss suit on eligibility for 2027 poll as lawyer seeks judge’s recusal

Former President Goodluck Jonathan and the Attorney General of the Federation and Minister of Justice have asked a Federal High Court in Abuja to dismiss a suit by an Abuja-based lawyer seeking to stop Jonathan from contesting for President in 2027.

This is as Justice Peter Lifu on Monday, fixed May 26 for composite judgment, which would include a ruling on the application by the plaintiff, Johnmary Jideobi, asking him to recuse himself.

In the originating summons, Jideobi requested, among others, that the court determines “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.”

Jideobi argued that Jonathan had exhausted the constitutional limit allowed for a president, having completed the tenure of the late Umaru Musa Yar’Adua before serving another full term after the 2011 election.

In an affidavit filed in support of the suit, Emmanuel Agida, who deposed on behalf of the Jideobi, averred that Jonathan was sworn in as president on May 6, 2010, following Yar’Adua’s death and another oath on May 29, 2011, after winning the election 

Jideobi, on Monday, also brought an application, asking the judge to recuse himself in the matter for alleged bias, because the court shortened their 14 day requirement to reply to Jonathan’s counter-affidavit and preliminary objection.

Earlier, counsel to Jonathan, Chris Uche, SAN, in arguing both his counter-affidavit and preliminary objection, asked the court to dismiss the suit with a cost of N50 million.

He cited two previous judgements, such as the Federal High Court between Andy Solomon and Jonathan; and that of the Court of Appeal between Cyracus Njoku and Jonathan, which he said were dismissed.

Uche further submitted that the amendment to the Section 137(3) of the Constitution, which bars officials who had sworn to an oath previously more than twice, from seeking the same office, cannot be applied retroactively against Jonathan, who contested in 2015. 

He argued that Jideobi was trying to weaponise litigation as a means of political exclusion when the Nigerian constitution grants every qualified citizen the right to seek for the highest office in the land.

“He has no locus standi to bring this action and no cause of action has crystallised,” he said.

He expanded that for Jideobi to have locus, he must demonstrate how it affects him directly, and show he is a registered voter to show he is interested in who governs him.

Similarly, the Director of Civil Litigation and Public Law of the Ministry of Justice, Dr Maimuna Lamin Shiru, asked the court to dismiss Jideobi’s claim in its entirety.

In objecting, Ukpai submitted that the issue of being a registered voter is never a condition for bringing the suit before the court, while urging the court to dismiss objections and the counter-affidavit of Jonathan and the Ministry of Justice.