Jonathan eligible to recontest for president, court rules

The Federal High Court in Abuja on Tuesday dismissed a suit challenging former President Goodluck Jonathan’s eligibility to the 2027 presidential election.

The judge, Peter Lifu, in a judgement, also awarded a N20 million fine against the plaintiff, Johnmary Jideobi, who filed the suit based on a constitutional amendment prohibiting anyone from being sworn into the office of the president more than twice. The fine was awarded in favour of Mr Jonathan.

The judge also awarded a N1 million fine against the plaintiff and in favour of the Attorney-General of the Federation (AGF).

Mr Lifu held that Mr Jideobi lacked the legal right to institute the suit, having not suffered any loss from Mr Jonathan’s perceived intention to vie for the 2027 presidential election.

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The judge said he was bound by the appellate court’s decision, as the Federal High Court in Yenagoa and the Court of Appeal had already held that Mr Jonathan was eligible to run.

The judge then described the lawyer’s suit as “an abuse of court process.”

Justice Lifu also dismissed the Jideobi’s motion seeking the judge’s withdrawal from the case for being frivolous.

The News Agency of Nigeria (NAN) reports that Mr Jideobi sued Mr Jonathan, the Independent National Electoral Commission (INEC), and the AGF.

The plaintifff argued that Mr Jonathan, having been sworn in twice as president, cannot contest again in 2027 based on the provisions of Sections 1(1), (2) and (3) and 137(3) of the constitution.

He argued that INEC lacks constitutional power to accept Jonathan’s nomination for the 2027 presidential election. He also asked the court to compel the Attorney-General of the Federation to enforce any orders.

Arguments

At the hearing of the case on 18 May, Mr Jonathan and the AGF opposed the plaintiff’s motion urging the judge to withdraw from the case on the grounds of alleged bias in the handling of the case.

Mr Jonathan’s lawyer, Mr Uche, described the application as frivolous and an abuse of court process.

“We want my lord to rely on the record of this honourable court,” he said. He said the claims amounted to “gross misrepresentation”.

He urged the court to dismiss the application and proceed with the substantive suit.

Also calling for the dismissal of the motion, AGF’s lawyer, Maimuna Lami-Shiru, said a judge may recuse himself only where impartiality is in doubt. However, she said the application brought by the plaintiff in the case lacked legal basis.

She called it “baseless, unmeritorious and an abuse of court process” and asked for cost in favour of the ministry.

After hearing arguments on the recusal motion, the judge proceeded to hear the preliminary objection and the substantive suit. He said he would deliver judgement if the recusal motion is not granted.

Mr Jonathan’s lawyer then moved the preliminary objection and asked the court to dismiss the suit with N50 million cost awarded against the plaintiff.

He relied on earlier decisions, including Andy Solomon v Jonathan and Cyracus Njoku v Jonathan, which he said went in Mr Jonathan’s favour.

He argued that Section 137(3) of the Constitution cannot apply retrospectively against Mr Jonathan, who last contested in 2015. He said the plaintiff used litigation for political exclusion, while no cause of action arose.

He added that Mr Jideobi lacked locus standi and asked the court to dismiss the suit. The AGF’s lawyer aligned with Mr Jonathan and asked the court to dismiss the case.

INEC did not appear in court, and the judge foreclosed its case.

Responding, Mr Ukpai, the plaintiff’s lawyer urged the court to dismiss the objections raised by Mr Jonathan and the Attorney-General of the Federation.

Jonathan’s presidential bid

It remains unclear if Mr Jonathan, who lost power to President Muhammadu Buhari in 2015, is interested in recontesting the office in 2027.

While he remains silent—neither denying nor confirming any intention to return to the office in 2027—about two weeks ago, a faction of the Peoples Democratic Party (PDP) backed by Oyo State Governor, Seyi Makinde, announced him as the party’s sole presidential candidate for the 2027 general elections.

Mr Jonathan has yet to announce his acceptance of the nomination.

During the 2023 election cycle that produced President Bola Tinubu, speculations were also rife that Mr Jonathan would seek reelection.

He did not publicly speak about the subject then, nor did he obtain any political party’s nomination forms until the electioneering wound up.

(NAN)