Jonathan, AGF moves to dismiss lawsuit seeking to bar former president from contesting 2027 presidential election

Former President Goodluck Jonathan and the Attorney General of the Federation and Minister of Justice, Lateef Fagbemi, have urged the Federal High Court in Abuja to dismiss a lawsuit challenging Jonathan’s eligibility to contest the 2027 presidential election.

The case, filed by Abuja-based lawyer Johnmary Jideobi, seeks judicial interpretation of constitutional provisions relating to presidential terms and whether Jonathan can legally run again after previously holding office.

Judge Peter Lifu, who is presiding over the case, set May 26 for rulings, including a decision on a separate petition filed by plaintiffs asking the judge to recuse himself from the case due to allegations of bias.

In his complaint, Jideobi asked the court to determine “whether under the combined provisions of articles 1(1), (2) and (3) and 137(3) of the 1999 Constitution, the first defendant is eligible, under any circumstances, to run for the office of president of the Federal Republic of Nigeria.”

The plaintiffs argued that Jonathan had reached the constitutional limit for serving after completing the term of the late President Umaru Musa Yar’Adua and then serving another full term after the 2011 presidential election.

According to an annulled affidavit by Emmanuel Agida on behalf of the plaintiff, Jonathan first assumed office as president on May 6, 2010, following Yar’Adua’s death, and then took the oath of office again on May 29, 2011, after winning the presidential election.

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The plaintiff also accused the court of bias and filed a motion requesting Judge Lifu’s recusal, alleging that the judge reduced the 14-day period originally given to him to respond to Jonathan’s counterstatement and initial objections.

However, counsel for the former president, Chris Uche (SAN), urged the court to dismiss the suit completely and award costs of N50 million to the plaintiff.

In arguing for Jonathan’s initial objections and counterstatements, Uche cited previous legal actions challenging Jonathan’s eligibility, including lawsuits reportedly filed by Andy Solomon and Cyracus Njoku, which he said had been rejected by the courts.

He further argued that Article 137(3) of the Constitution, which disqualifies individuals who have taken the presidential oath more than twice, cannot be applied retroactively to Jonathan.

According to him, the constitutional amendment occurred after Jonathan ran to compete in the 2015 presidential election.

Uche accused the plaintiffs of attempting to weaponize the judicial process for political purposes by seeking to exclude Jonathan from the upcoming elections.

“He had no reason to commit this act and no reason for the action has crystallized,” he said.

The senior advocate further argued that the plaintiff failed to show how the matter personally impacted him or prove the legal damages necessary to sustain the lawsuit.

He added that the plaintiff would have to demonstrate that he or she is a registered voter with a direct interest in state government before taking such action.

Also appearing before the Federal Government, the Director of Civil Litigation and Public Law at the Federal Ministry of Justice, Dr. Maimuna Lamin Shiru, asked the court to dismiss the lawsuit in its entirety.

However, the plaintiff’s attorney, Ndubuisi Ukpai, did not agree with the objections raised by Jonathan and the Attorney General’s Office.

Ukpai argued that being a registered voter is not a legal requirement to file a lawsuit and urged the court to reject the initial objections and counterstatements filed by the defendants.

The case continues to attract public attention amid increasing political speculation regarding Jonathan’s possible role in the 2027 presidential election, although the former president has not publicly stated his intention to run in the election.