Alex Enumah in Abuja
The Attorney-General of the Federation (AGF) and Minister of Justice, on Monday joined former President Goodluck Jonathan in asking a Federal High Court in Abuja, to dismiss the suit seeking to stop Jonathan from contesting for President in 2027.
The AGF and Jonathan who are 3rd and 1st respondents respectively, in the suit filed by an Abuja-based lawyer, Mr. Johnmary Jideobi, prayed Justice Peter Lifu, to dismiss the suit “with substantial cost”, for being an abuse of court process and a waste of judicial time.
They made the appeal while adopting their separate briefs of argument against the suit.
In the originating summons, Jideobi requested, among others, that the court determines “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.
Meanwhile, the plaintiff also filed a motion asking the judge to recuse himself in the matter for alleged bias, because the court shortened their 14 days requirement to reply to Jonathan’s counter affidavit and preliminary objection.
In his response to both the motion and originating summons Jonathan through his lawyer, Chief Chris Uche, SAN), asked the court to dismiss the suit with a cost of N50 million.
He cited two previous judgments such as the Federal High Court between Andy Solomon and Jonathan; and that of Court of Appeal between Cyracus Njoku and Jonathan, which he said were dismissed.
Uche further submitted that the amendment to Section 137(3) of the Constitution, which bars officials who had sworn to an oath previously for 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 as a means of political exclusion when the Nigerian Constitution grants every qualified citizen the right to seek for the highest office in the land.
“He has no locus standi to bring this action and no cause of action has crystallised,” he said.
Uche submitted further that for Jideobi to have locus, he must demonstrate how Jonathan’s contesting affects him directly, and must also show he is a registered voter to prove he is interested in who governs him.
Similarly, the Director of Civil Litigation and Public Law of the Ministry of Justice, Maimuna Lamin Shiru, asked the court to dismiss Jideobi’s claim in its entirety.
In objecting, Jideobi’s lawyer, Ndubuisi Ukpai submitted that the issue of being a registered voter is never a condition for bringing the suit before the court, while urging the court to dismiss the objections and counter affidavit of Jonathan and the Ministry of Justice.
Although, the second respondent, Independent National Electoral Commission (INEC), was served with the suit but, it never appeared in court nor was represented by any lawyer, warranting the court to foreclose it as a party in the suit.
Meanwhile, Justice Lifu has adjourned till May 26 for ruling in the recusal application as well as judgment in the main suit.