Court Dismisses Suit to Bar Jonathan from 2027 Election, Fines Lawyer N20 Million

The Federal High Court in Abuja has dismissed a suit seeking to stop former President Goodluck Jonathan from contesting the 2027 presidential election and fined the Abuja-based lawyer who filed the case, Mr Jideobi Johnmary, N20 million.

Justice Peter Lifu of the court made the ruling in the lawsuit marked FHC/ABJ/CS/2102/2025 filed, querying Jonathan’s eligibility on the premise that he had already been sworn in as president on two occasions, thereby seeking the implementation of the constitutional amendment prohibiting anyone from being sworn into the office of the president more than twice.

In the suit, Mr Johnmary asked the court to determine, “Whether in view of the combined provisions of the entirety of Sections 1(1), (2) & (3) and 137(3) of the 1999 Constitution of the Federal Republic of Nigeria as amended and their conflated interpretation, is the 1st Defendant eligible, under any circumstances [whatsoever], to contest for the office of the President of the Federal Republic of Nigeria?”

Upon the determination of the question, the lawyer sought, among other reliefs, “An order of perpetual injunction of this Honourable Court restraining the first Defendant [Goodluck Ebele Jonathan] from presenting himself to any political party in Nigeria for nomination as its candidate for the general election into the office of the President of the Federal Republic of Nigeria, holding in 2027 and years to come.

“An order of perpetual injunction of this Honourable Court restraining the 2nd Defendant [INEC] from either accepting from any political party in Nigeria the name of the 1st Defendant [Goodluck Ebele Jonathan] or publishing the same as a candidate for election into the office of the President of the Federal Republic of Nigeria, holding in 2027 and other years to come.”

As well as “an order of this Honourable Court directing the 3rd Defendant [Honourable Attorney-General of the Federation] to ensure compliance with the decisions and orders of this court.”

The lawsuit also included an affidavit of facts deposed in support of the suit by one Emmanuel Agida. The plaintiff argued that if ex-President Jonathan wins the 2027 presidential election, which is for a term of four years spanning 2027 to 2031, he will have exceeded the cumulative maximum years a Nigerian president is statutorily permitted to stay in office.

“The plaintiff believes that the 1st defendant, having completed the unexpired term of late President Yar’Adua and subsequently served a full term after the 2011 election, has exhausted the constitutional limit of two tenures as president.

“That if the court does not intervene timeously, a political party may present the 1st defendant as its presidential candidate in the 2027 general election, thereby breaching the Constitution.

“In the event the 1st defendant is returned as elected and sworn in as the President of the Federal Republic of Nigeria in 2027, it will mark the 3rd time the 1st defendant will be taking the oath of office as the President of the Federal Republic of Nigeria,” he added.

In his ruling, Justice Lifu held that Jideobi lacked the legal right to have instituted the suit, having not suffered any loss from his perceived Jonathan’s intention to vie for the next year’s poll.

The judge further referred the plaintiff to the ruling of the Federal High Court in Yenagoa and an Appeal Court that had already held that Jonathan was eligible to run and said he was bound by the decision of the appellate court.

This ruling is coming after the faction of the Peoples Democratic Party (PDP) led by Dr Kabiru Tanimu Turaki officially cleared and awarded former President Goodluck Jonathan an automatic presidential ticket to run as its sole candidate for the 2027 presidential election.

Though entreaties have been made to President Jonathan to throw his hat into the ring, there has not been any official comment from him on whether he is interested or not.

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