AGF and Jonathan Seek Dismissal of Lawsuit Against Presidential Candidacy
The Attorney General of the Federation (AGF) and Minister of Justice joined former President Goodluck Jonathan on Monday in requesting the Federal High Court in Abuja to dismiss a lawsuit aimed at barring Jonathan from running in the 2027 presidential election.
As the first and third defendants in this lawsuit, the AGF and Jonathan filed a joint plea with Justice Peter Riff, arguing that the case brought by Abuja-based attorney Johnmary Jideobi was an abuse of process and a waste of judicial resources, warranting dismissal “with substantial costs.”
Jideobi’s initial summons sought the court’s determination on whether Jonathan has the right to stand for election as President of Nigeria, in light of the combined provisions of Articles 1(1), (2), (3) and 137(3) of the 1999 Constitution. He contended that Jonathan’s prior completion of the term of late President Umaru Musa Yar’Adua, along with serving a subsequent full term following the 2011 election, exhausted his eligibility under the Constitution.
In support of the lawsuit, Emmanuel Agida, representing Jideobi, submitted an affidavit stating that Jonathan took office on May 6, 2010, after Yar’Adua’s passing, and was re-elected on May 29, 2011. This detail forms the crux of Jideobi’s argument regarding Jonathan’s disqualification from future presidential candidacies.
In a parallel motion, the plaintiffs requested Judge Riff to recuse himself, citing perceived bias after the court expedited the 14-day response window for Jonathan’s counteraffidavit and preliminary objections. Jonathan, through his attorney Chief Chris Uche (SAN), responded by insisting on the case’s dismissal, accompanied by a demand for NOK 50 million in costs.
Uche referenced previous rulings, including the Federal High Court’s decision in Andy Solomon v. Jonathan, as well as an appellate case that had dismissed claims against Jonathan, to bolster his arguments. He also asserted that potential amendments to Article 137(3) of the Constitution could not be applied retroactively to Jonathan, who previously challenged such provisions in 2015.
Uche characterized Jideobi’s actions as an attempt to politicize litigation for exclusion from the electoral process, stressing that the Nigerian Constitution offers every qualified citizen the opportunity to pursue the highest office. He challenged the legitimacy of Jideobi’s claim, stating that the plaintiff must demonstrate personal stakes in the matter, including proof of voter registration.
Meanwhile, Maimuna Ramin Sil, the Director of Civil Procedure and Public Law at the Ministry of Justice, also advocated for a dismissive ruling on Jideobi’s claims. Jideobi’s legal representative, Ndubuisi Ukpai, contested this position, maintaining that voter registration status should not be a prerequisite for legal standing and requested that the court disregard the counterarguments presented by Jonathan and the Ministry of Justice.
The Independent National Electoral Commission (INEC), listed as the second defendant in the lawsuit, was served notice but did not appear in court, which led the judge to determine that INEC would not participate in the proceedings. As the next step, Judge Riff has scheduled a ruling on the annulment application and the primary case on May 26.
