The legal battle seeking to disqualify former President Goodluck Jonathan from the 2027 presidential election hit a snag at the Federal High Court in Abuja on Monday.
The suit, filed by lawyer Johnmary Jideobi before Justice Peter Lifu, could not proceed because neither the plaintiff nor the legal representatives for the Independent National Electoral Commission (INEC) and the Attorney-General of the Federation (AGF) appeared in court.
Counsel to Goodluck Jonathan, Chief Chris Uche, SAN, expressed his displeasure at the absence of the other parties, noting that the court had been magnanimous enough to schedule the proceeding for 2:00 pm to accommodate everyone.
He argued that the plaintiff’s lawyer, Ndubuisi Ukpai, was present at the last adjournment but failed to show up or send a letter of explanation.
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“My Lord, what it means is that they have lost interest in pursuing the suit, particularly after we have filed and served our notice of preliminary objection and other processes,” Uche stated.
He urged the court to strike out or dismiss the case with a substantial cost of ₦5 million, adding, “For every default, there must be a consequence.”
However, Justice Lifu chose to exercise caution. After confirming that INEC and the AGF had not been served with hearing notices, the judge ruled that they must be given another opportunity in the interest of a fair hearing.
“Let us give them time. Let this order be served on INEC because INEC is fundamental in this case. Let us listen to INEC in this matter,” the judge remarked.
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He further noted, “In the circumstances of this case, I am minded to bend backward to accommodate the plaintiff and the 2nd and 3rd defendants who have been consistently absent.”
In his preliminary objection, former President Jonathan described the lawsuit as speculative and based on media rumors. He argued that since there has been no nomination or election yet, there is no “cause of action.”
“The court lacks jurisdiction to entertain hypothetical constitutional questions. The suit constitutes a gross abuse of court process, aimed at obtaining a pre-emptive political judgment,” Jonathan’s legal team submitted. He also maintained that the issues raised had already been settled by a subsisting judgment from the Federal High Court in Yenagoa.
Justice Lifu has adjourned the matter until May 15, 2026, for a definite hearing, ordering that final hearing notices be served on all parties.
