By Uche Onyeali
Federal High Court in Abuja yesterday adjourned a suit seeking to disqualify former President Goodluck Jonathan from contesting the 2027 presidential election until May 8 for hearing.
The case, which was scheduled for mention on yesterday’s cause list, was fixed for hearing by Justice Peter Lifu, who also ordered that hearing notices be issued and served on the defendants, who were yet to file their counter affidavits, before the hearing date.
It would be recalled that a lawyer, Johnmary Jideobi had filed the case, praying the court to bar Jonathan from contesting in the 2027 poll.
Citing constitutional grounds, Jideobi urged the court to issue an order of perpetual injunction restraining Jonathan from presenting himself to any political party in the country for the purpose of contesting in the poll.
Jideobi also urged the court to restrain the Independent National Electoral Commission, INEC, from accepting from any political party, Jonathan’s name or publishing same as a duly nominated candidate for the election.
Jideobi in the suit marked FHC/ABJ/CS/2102/2025, sued the former president as first defendant.
In the suit dated and filed on October 6, 2025, the lawyer joined INEC and the Attorney-General of the Federation, AGF, as second and third defendants respectively.
He sought for determination “whether in view of the combined provisions of the entirety Sections 1(1), (2) & (3) and 137(3) of the 1999 Constitution of the Federal Republic of Nigeria as amended and their conflated interpretation, the first defendant is eligible, under any circumstances [whatsoever] to contest for the office of the President of the Federal Republic of Nigeria?”
Citing Sections 1(1), (2) & (3) and 137(3) of the 1999 Constitution of the Federal Republic of Nigeria as amended , he argued that INEC lacks the constitutional power to receive from any political party, Jonathan’s name for election into the office of the President of the Federal Republic of Nigeria holding in 2027 and other years to come.
The plaintiff also seeks “an order of this court directing the third defendant, AGF, to ensure compliance with the decisions and orders of this court.”
In an affidavit of facts that was deposed to in support of the suit by Emmanuel Agida, the plaintiff told the court that he is an advocate of constitutionalism and the rule of law.
He told the court that the first defendant was first sworn in as president on May 6, 2010, following the death of the then President, Umaru Musa Yar’Adua on May 5, 2010, having previously been the vice-president.
He said he recently saw on various national dailies and television stations, reports on Jonathan’s intention to contest for the presidency in 2027.
“That the plaintiff believes that the first defendant, having completed the unexpired term of late President Yar’Adua and subsequently served a full term after the 2011 election, has exhausted the constitutional limit of two tenures as president.
“That if the court does not intervene timeously, a political party may present the first defendant as its presidential candidate in the 2027 general election, thereby breaching the constitution.”
On his locus standi (legal right) to institute the action, the plaintiff maintained that part of his duties, as a lawyer, is to forestall a violation of the constitution and to uphold the rule of law.
“There are chances that one of the political parties in Nigeria may favour the first defendant to stand as its presidential candidate in the forthcoming 2027 general elections to be conducted and overseen by the second defendant.
”If unchallenged, the first defendant may enter the 2027 presidential race on the platform of one of the political parties in Nigeria and may possibly emerge the winner of the said election.
“In the event the first defendant is returned as elected and sworn as the president of the Federal Republic of Nigeria come 2027, it will mark the third time that he will be taking the oath of office as president of the Federal Republic of Nigeria.
“In the event that the first defendant is returned as elected and sworn-in as president of the Federal Republic of Nigeria in 2027, the plaintiff as a Nigerian citizen, would become one of the those under his governance control [who by virtue of his office would be saddled with the responsibility of executing the laws of the country].
“As a lawyer trained in Nigerian constitutional law, the plaintiff has come across a provision in the constitution stating that a person who was sworn-in as president to complete the term for which another person was elected as president shall not be elected to such office for more than a single term.
“The plaintiff knows that the first defendant was indeed, on May 6, 2010, sworn in as president to complete the term for which (former) President Yar’Adua was elected as a consequence of the demise of the former president on May 5, 2010.
“The first defendant after being sworn in on May 6, 2010 to complete the term of the late Yar’Adua, was subsequently elected into the office of the president and sworn in on May 27, 2011.
“I know that if the first defendant eventually wins the forthcoming general election (which is for a term of four years spanning 2027- 2031), he will have exceeded eight years being the cumulative maximum years a Nigerian president is to stay in office.
“The plaintiff instituted this suit in public interest, in the defence of the rule of law and accentuation of the supremacy of the constitution, and to preserve the integrity of the constitutional order.
“It will be in the interest of justice for this honourable court to grant the prayers contained in the face of this originating summons,” the affidavit read.
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