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By John Azu
A Federal High Court in Abuja has fixed May 15 for definite hearing in the suit challenging the eligibility of former President Goodluck Jonathan his eligibility to contest the 2027 presidential election.
Justice Peter Lifu adjourned the matter on Monday fixed the date after the argument of counsel to Jonathan, Chris Uche (SAN).
An Abuja-based lawyer, Johnmary Jideobi, who brought the action, is seeking the disqualification of Jonathan from seeking re-election in 2027 on account of having previously been sworn-in into the office on two previous occasions.
Following the absence of the lawyer in court. Uche asked the court to impose a fine of N5 million and to either strike out or dismiss the case since issues had been joined.
In his ruling, Justice Lifu noted that the bailiff had failed to serve both INEC and the Attorney General of the Federation with the hearing notice.
The judge opted to award cost in the course of the proceedings wherein the plantiff fails to appear in court without any notice.
In the main suit, Jideobi prayed the court to issue an order restraining Jonathan from presenting himself to any political party as a candidate for the 2027 election.
He submits, among others, for a determination of “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 plaintiff, said Jonathan was sworn in as president on May 6, 2010, following Yar’Adua’s death a day earlier.
In his counter affidavit, Jonathan also submitted that the plaintiff lacked the locus standi to bring the action and that the action seeks to breach his constitutional right to contest the presidency.
Among the contents deposed to by Emmanuel Tsebo, he averred, among others that ‘the 1st Defendant (Jonathan) was thereafter duly elected as President in the 2011 general elections.
“That the 1st Defendant completed his tenure in 2015. That the 1st Defendant has not been elected as President more
than once.”
Meanwhile, a source informed Pointblank News that Jideobi may be seeking to transfer the matter from the court for alleged bias.