WorldStage– A lawyer, John Mary Jideobi, has approached the Federal High Court in Abuja, urging it to restrain former President Goodluck Jonathan from presenting himself to any political party in the country for the purpose of contesting the 2027 presidential election.
The request forms part of the reliefs being sought in suit, marked: FHC/ABJ/CS/2102/ 2025, filed by the lawyer.
The plaintiff is equally praying the court to restrain the Independent National Electoral Commission (INEC) from accepting or publishing Jonathan’s name as a duly nominated candidate of any political party for the purpose of contesting the next presidential election.
Listed defendants in the suit are Jonathan, INEC, and the Attorney General of the Federation (AGF).
The plaintiff raised a sole question for the determination of the court – Whether in view of the combined provisions of the entirety of Sections 1(1), (2) & (3) and 137(3) of the 1999 Constitution and their conflated interpretation, the first defendant (Jonathan) is eligible, under any circumstances, whatsoever, to contest for the office of the President of the Federal Republic of Nigeria.
Jideobi, who is seeking about five reliefs, wants the court to also declare that upon an intimate reading and complete understanding of the entirety of Sections 1(1), (2) & (3) and 137(3) of the Constitution, Jonathan “is ineligible to stand for or occupy the office of the President of the Federal Republic of Nigeria.”
He equally wants a declaration that in view of the entirety of Sections 1(1), (2) & (3) and 137(3) of the Constitution INEC lacks the constitutional power to receive from any political party the name of the first defendant or publish same as the candidate of any political party for the election into the office of the president in 2027 and other years to come.
The plaintiff stated, in a supporting affidavit, that Jonathan was first sworn in as President on May 6, 2010, following the death of then-President Umaru Musa Yar’Adua on May 5, 2010, having previously been the Vice-President.
The plaintiff said he recently saw in various national dailies and television stations reports on Jonathan’s intention to contest for the presidency in 2027.
“That 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.”
The plaintiff stated that part of his duties, as a lawyer, is to forestall a violation of the Constitution and to uphold the rule of law.
He added, “There are chances that one of the political parties in Nigeria may favour the 1st defendant to stand as its presidential candidate in the forthcoming 2027 general elections to be conducted and overseen by the 2nd Defendant.
“If unchallenged, the 1st defendant may enter the 2027 presidential race on the platform of one of the political parties in Nigeria and may emerge the winner of the said election.
“In the event the 1st defendant is returned as elected and sworn 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.
“In the event the 1st defendant is returned as elected and sworn as the President of the Federal Republic of Nigeria come in 2027, the plaintiff, as a Nigerian citizen, would become one of the those under the governance control of the 1st defendant, who by virtue of his office, would be saddled with the responsibility of executing the laws of the country].
“As a Nigerian lawyer trained in Nigerian constitutional law, the plaintiff has come across a provision in the Nigerian constitution stating that a person who was sworn in as President to complete the term for which another person was elected as President shall not be elected to such office for more than a single term.
“The plaintiff knows that the 1st defendant was indeed, on the 6th May, 2010, sworn in as President to complete the term for which (former) President Umaru Musa Yar’Adua was elected as President as a consequence of the demise of the former President on the 5th day of May, 2010.
“The 1st defendant, after being sworn in on 6th May, 2010, to complete the term of late Umaru Musa Yar’Adua, was subsequently elected into the office of the President of the Federal Republic of Nigeria and sworn in on the 27th May, 2011.
“I know that if the 1st defendant eventually wins the forthcoming 2027 general election as President of the Federal Republic of Nigeria (which is for a term of 4 years spanning 2027 to 2031), he will have exceeded 8 years, being the cumulative maximum years a Nigerian President is to stay in office.
“As a Nigerian lawyer, trained in Nigerian constitutional law, the plaintiff knows of a provision in the Nigerian constitution stating that the Federal Republic of Nigeria shall not be governed, nor shall any persons or group of persons take control of the Government of Nigeria or any part thereof, except in accordance with the provisions of the same Constitution.
“The plaintiff, being a lawyer committed to the reign of constitutionalism, an unrepentant apostle of the rule of law and a known crusader for democratic governance, especially in Nigeria, does not wish to be governed by any person or group of persons who may have taken control of the Government of Nigeria in a manner not contemplated by the Nigerian constitution.
“The plaintiff has instituted this suit in the public interest, in the defence of the rule of law and accentuation of the supremacy of the Constitution and to preserve the integrity of the Nigerian Constitutional order,” he said.
