… as plaintiff wants judge recuse self
By Vivian Okejeme
Former President, Goodluck Jonathan and the Attorney General of the Federation and Minister of Justice, have asked the federal high court, Abuja, to dismiss a suit seeking to stop Jonathan from contesting for 2027 President election.
Meanwhile, the Plaintiff, Johnmary Jideobi, has asked the trial judge, Justice Peter Lifu to recuse himself from the matter for alleged bias.
He premised on the fact that the court shortened their 14 days requirement to reply to Jonathan’s counter affidavit and preliminary objection.
However, in arguing both his counter affidavit and preliminary objection, counsel to Jonathan, Chris Uche (SAN) asked the court to dismiss the suit with a cost of N50 million.
The defence drew the attention of the court to 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 were dismissed.
Uche further submitted 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.
He argued that Jideobi was trying to weaponise litigation as a means of political exclusion when the Nigerian constitution grants every qualified citizen the right to seek for the highest office in the land.
“He has no locus standi to bring this action and no cause of action has crystallised,” he said.
He expanded 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.
Similarly, the Director of Civil Litigatio and Public Law of the Min of Justice, Dr Maimuna Lamin Shiru, asked the court to dismiss Jideobi’s claim in its entirety.
In objecting, Ukpai submityed that the issue of being a registered voter is never a condition for bringing the suit before the court, while urging the court to dismiss objections and counter affidavit of Jonathan and the Ministry of Justice.
The Plaintiff wants the court determines “whether in view of the combined provisions of sections 1(1), (2) and (3) and 137(3) of the 1999 Constitution, the 1st defendant is eligible, under any circumstances whatsoever, to contest for the office of the president of the Federal Republic of Nigeria.”
He maintained that Jonathan had exhausted the constitutional limit allowed for a president, having completed the tenure of the late Umaru Musa Yar’Adua before serving another full term after the 2011 election.
He averred that Jonathan was sworn in as president on May 6, 2010, following Yar’Adua’s death and another oath on May 29, 2011 after winning the election.
