A Federal High Court in Abuja has dismissed a suit seeking to stop former President Goodluck Jonathan from contesting the 2027 presidential election, describing the action as frivolous and an abuse of court process.
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Delivering judgment on Tuesday, Justice Peter Lifu held that the plaintiff, Johnmary Jideobi, lacked the legal standing to institute the action because he failed to show how Jonathan’s alleged intention to contest the next presidential election had personally affected him or caused him any loss.
The court awarded ₦20 million cost against Jideobi in favour of Jonathan and an additional ₦1 million in favour of the Attorney-General of the Federation, bringing the total cost against the plaintiff to ₦21 million.
Justice Lifu held that the issue of Jonathan’s eligibility had already been settled by competent courts. He noted that a Federal High Court in Yenagoa and the Court of Appeal had previously affirmed that the former president was eligible to contest, adding that the appellate court’s decision remained binding on the Federal High Court.
The judge therefore dismissed the suit in its entirety, holding that Jideobi had no legal right, or locus standi, to maintain the action.
Jideobi had sued Jonathan, the Independent National Electoral Commission and the Attorney-General of the Federation, arguing that the former president, having been sworn in twice, could not contest again in 2027 based on the provisions of Sections 1(1), (2), (3) and 137(3) of the Constitution.
He also argued that INEC lacked the constitutional power to accept Jonathan’s nomination for the 2027 presidential election and asked the court to compel the Attorney-General of the Federation to enforce any order made in the suit.
At the hearing, Jonathan and the AGF opposed the plaintiff’s application asking Justice Lifu to withdraw from the case over alleged bias.
Jonathan’s counsel, Mr Uche, described the application as frivolous and an abuse of court process, saying the allegations amounted to gross misrepresentation. He urged the court to dismiss the application and proceed with the substantive matter.
Counsel to the AGF, Maimuna Lami-Shiru, also opposed the recusal request, arguing that a judge may only withdraw from a case where impartiality is genuinely in doubt. She described Jideobi’s application as baseless, unmeritorious and an abuse of court process.
Justice Lifu dismissed the recusal application, describing it as frivolous.
Jonathan’s counsel also urged the court to dismiss the substantive suit, relying on previous decisions, including Andy Solomon v Jonathan and Cyracus Njoku v Jonathan, which he said had resolved the eligibility question in Jonathan’s favour.
He argued that Section 137(3) of the Constitution could not apply retrospectively against Jonathan, who last contested the presidential election in 2015, adding that the plaintiff’s action was aimed at political exclusion when no cause of action had arisen.
The AGF aligned with Jonathan’s position and asked the court to dismiss the suit.
INEC did not appear in court, and the judge foreclosed its case.
Justice Lifu held that the Court of Appeal’s decision on Jonathan’s eligibility remained binding and that the plaintiff could not reopen an issue already determined by courts of competent jurisdiction.
It remains unclear whether Jonathan, who lost the 2015 presidential election to former President Muhammadu Buhari, intends to contest the 2027 election.
Although he has not publicly declared any intention to return to office, a faction of the Peoples Democratic Party reportedly backed by Oyo State Governor Seyi Makinde recently announced him as its sole presidential candidate for the 2027 general elections.
Jonathan has yet to accept or reject the reported nomination.
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