By Vivian Okejeme
Justice Peter Odo Lifu of the Federal High Court in Abuja, will May 15, hears a suit seeking to stop former President Goodluck Jonathan from contesting 2027 presidential election.
The new date of hearing is following the Plaintiff, Johnmary Jideobi and his lawyer ‘s absence in court, Monday without prior notice.
Also, the Independent National Electoral Commission (INEC) and the Attorney General of the Federation (AGF) and Minister of Justice, who are 2nd and 3rd defendants in the matter were also not in court.
Consequent to the above, counsel to Jonathan, Chief Chris Uche, SAN, prayed the court to strike out the suit for lack of diligent prosecution.
He maintained that the suit is liable to dismissal and should be dismissed with a N5 million cost to be awarded against the plaintiff and payable to Jonathan.
Uche alleged that the plaintiff has abandoned the suit and ran away upon sighting the preliminary objections raised against the suit adding that court is a busy place and not for unserious matters.
In his reaction, Justice Lifu however noted that there was no evidence of service of hearing notice on INEC and AGF to appear in court for the hearing of the suit.
The court held that lack of service of hearing notice is fundamental.
Therefore, the court held that’s rather than striking out the suit, he prefers to bend backward to accommodate the plaintiff and the two defendants for the last time.
While adjourning the matter to May 15, Justice Lifu ordered that, hearing notice be served on the plaintiff and the 2nd and 3rd defendants who were not in court on Monday.
The plaintiff, Johnmary Jideobi
had filed the case seeking an order to restrain Jonathan from presenting himself to any political party as an aspirant for the 2027 election.
He is also asking the court to stop INEC from accepting, processing or publishing Jonathan’s name as a presidential candidate.
In the suit, the plaintiff asked the court to determine whether, based on Sections 1(1), (2), (3) and 137(3) of the 1999 Constitution, Jonathan remains eligible under any circumstances to contest for Nigeria’s highest office again.
According to the plaintiff, Jonathan had already exhausted the constitutional limit for the office after completing the tenure of late President Umaru Musa Yar’Adua and subsequently serving a full four-year term following the 2011 election.
An affidavit filed in support of the suit by Emmanuel Agida stated that Jonathan assumed office as president on May 6, 2010, after Yar’Adua died a day earlier.
Agida said reports suggesting that, Jonathan may be interested in the 2027 election informed the decision to approach the court with the suit.
