The Attorney-General of the Federation and former President Goodluck Jonathan asked a Federal High Court in Abuja on Monday to throw out a lawsuit challenging Jonathan's eligibility to run for president in 2027, arguing the case is an abuse of court process.
Jonathan and the AGF, represented by lawyer Chief Chris Uche, SAN, asked Justice Peter Lifu to dismiss the suit filed by Abuja lawyer Johnmary Jideobi with substantial costs awarded against him. The case hinges on whether Jonathan has exhausted his constitutional term limits as president.
Jideobi's suit asks the court to determine whether Jonathan can legally contest for the presidency given sections of the 1999 Constitution limiting presidential terms. Jideobi argues that Jonathan already served out Umaru Musa Yar'Adua's remaining term after Yar'Adua's death in 2010, then won and completed his own full term after the 2011 election. According to Jideobi's affidavit, Jonathan was sworn in on May 6, 2010, following Yar'Adua's death, and again on May 29, 2011, after his election victory.
Jonathan's legal team countered that the case lacks merit and that Jideobi has no standing to bring it. Uche submitted that Jideobi must prove how Jonathan's candidacy directly affects him and must demonstrate he is a registered voter to show he has an interest in the matter. He also cited two previous court judgments, one from the Federal High Court and another from the Court of Appeal, both of which dismissed similar cases against Jonathan.
Uche further argued that the constitutional amendment to Section 137(3), which bars officials who have taken the oath more than twice from seeking the same office, cannot be applied retroactively to Jonathan, who last contested in 2015. He accused Jideobi of weaponising litigation as a tool for political exclusion, insisting the Nigerian Constitution guarantees every qualified citizen the right to seek the highest office.
Maimuna Lamin Shiru, the Director of Civil Litigation and Public Law at the Ministry of Justice, also asked the court to dismiss Jideobi's claim entirely. However, Jideobi's lawyer, Ndubuisi Ukpai, countered that being a registered voter is not a requirement to bring such a suit before the court. He urged the court to dismiss Jonathan and the Ministry of Justice's objections and counter affidavits.
The Independent National Electoral Commission, listed as the second respondent, was served with the suit but never appeared in court or sent a lawyer, leading Justice Lifu to foreclose INEC as a party to the case.
Jideobi also filed a motion asking Justice Lifu to recuse himself, alleging bias because the court shortened the 14-day period allowed for filing replies to Jonathan's counter affidavit and preliminary objection.
Justice Lifu adjourned the case to May 26 to rule on the recusal motion and deliver judgment on the main suit.
