By Olakunle Olasanmi and Zuleihat Chatta Abuja
Former President Goodluck Jonathan and the attorney-general of the federation and minister of justice have asked a Federal High Court in Abuja to dismiss a suit by an Abuja-based lawyer, Johnmary Jideobi, seeking to stop Jonathan from contesting for President in 2027.
Justice Peter Lifu, yesterday, fixed May 26 for a composite judgement, which would include a ruling on the application by the plaintiff, asking him to recuse himself.
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In the originating summons, Jideobi requested, among others, that the court determine "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
Jideobi also brought an application yesterday, asking the judge to recuse himself from the matter for alleged bias, because the court shortened the 14-day requirement to reply to Jonathan's counter-affidavit and preliminary objection.
Earlier, counsel to Jonathan, 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.
He cited two previous judgements, namely the Federal High Court judgement between Andy Solomon and Jonathan, and the Court of Appeal judgement between Cyracus Njoku and Jonathan, both of which he said were dismissed.
Uche further submitted that the amendment to Section 137(3) of the Constitution, which bars officials who had previously sworn an oath 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 to achieve political exclusion, even though 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 said.
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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 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 objecting, Ukpai submitted that being a registered voter is never a condition for bringing the suit before the court, and urged the court to dismiss the objections and the counter-affidavit of Jonathan and the Ministry of Justice.
