A Federal High Court in Abuja on Tuesday dismissed a suit seeking to stop former President Goodluck Jonathan from contesting the 2027 presidential election. The suit was filed by lawyer Johnmary Jideobi.
Delivering judgment, Justice Peter Lifu described the case as frivolous and an abuse of court process. The judge consequently awarded N20 million in costs against the plaintiff in favour of Jonathan and another N1 million against him in favour of the Office of the Attorney General of the Federation.
Justice Lifu held that the plaintiff lacked the locus standi to institute the suit, noting that he failed to prove any personal injury or loss arising from Jonathan’s alleged intention to contest the election. The court ruled that the plaintiff merely acted on speculation without establishing any legal basis for the action.
The judge further held that both the Federal High Court in Yenagoa and the Abuja Division of the Court of Appeal had earlier affirmed Jonathan’s eligibility to contest future presidential elections. He added that the decisions of the appellate court remained binding on the lower court.
“This attitude of the plaintiff is unacceptable and should be discouraged”, the judge held.
Justice Lifu also dismissed the Jideobi’s motion seeking the judge’s withdrawal from the case for being frivolous.
Although the Independent National Electoral Commission (INEC) was named among the defendants, it did not participate in the proceedings leading to the judgment.
In his final submission on May 18, Jonathan’s lawyer, Jonathan’s lawyer, Chris Uche (SAN) prayed the court to dismiss the suit with a cost of N50million.
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Uche cited two previous judgements such as the Federal High Court between Andy Solomon and Jonathan; and that of Court of Appeal between Cyracus Njoku and Jonathan, which he said were dismissed.
He argued that the amendment to the Section 137(3) of the Constitution, which bars officials who had sworn to an oath previously for more than twice, from seeking the same office, cannot be applied retroactively against Jonathan, who contested in 2015.
Uche equally argued that Jideobi was trying to weaponise litigation as a means of political exclusion when the Constitution grants every qualified citizen the right to seek for the highest office in the land.
Jonathan’s lawyer said: “He (Jideobi) has no locus standi (the legal right to sue) to bring this action and no cause of action has crystallised.”
He added 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.
Lawyer to the Attorney General of the Federation (AGF), Dr Maimuna Lamin Shiru (the Director of Civil Litigation and Public Law at the Federal Ministry of Justice) equally prayed the court to dismiss Jideobi’s claim in its entirety.
Plaintiff’s lawyer, Ndubuisi Ukpai contended that the issue of being a registered voter is never a condition for bringing the suit before the court.
Ukpai urged the court to dismiss objections and counter affidavit of Jonathan and the AGF.
