Jonathan, AGF ask court to dismiss suit on eligibility to contest presidential election as lawyer seeks judge’s recusal

Former President Goodluck Jonathan and the Attorney General of the Federation (AGF) and Minister of Justice, Lateef Fagbemi, SAN, have asked Justice Peter Lifu of a Federal High Court in Abuja to dismiss a suit by an Abuja-based lawyer seeking to stop Jonathan from contesting the 2027 Presidential election.

This is as the court on Monday, fixed May 26 for composite judgement, which would include a ruling on the application by the plaintiff, Johnmary Jideobi, asking him to recuse himself.

In the originating summons, Jideobi requested, among others, that 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.”

Jideobi argued 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.

In an affidavit filed in support of the suit, Emmanuel Agida, who deposed on behalf of the Jideobi, 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

When the matter came up on Monday, Jideobi brought an application, asking the judge to recuse himself in the matter over alleged bias, because the court shortened the plaintiff’s 14-day requirement to reply to Jonathan’s counter affidavit and preliminary objection.

Earlier, counsel to the former President, Chief Chris Uche (SAN), in arguing both his counter affidavit and preliminary objection, asked the court to dismiss the suit with a cost of N50 million.

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He 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.

The senior lawyer 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 the highest office in the land.

“He has no locus standi to bring this action and no cause of action has crystallised,” he told the court and added that, for Jideobi to have locus, he must demonstrate how it affects him directly, and show that, he is a registered voter to show he is interested in who governs him.

Similarly, the Director of Civil Litigation and Public Law of the Ministry of Justice, Dr Maimuna Lamin Shiru, asked the court to dismiss Jideobi’s claim in its entirety.

In his objection, plaintiff’s counsel, Ndubuisi Ukpai, submitted 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.