Proceedings in a suit seeking to stop former President Goodluck Jonathan from contesting the 2027 presidential election were stalled on Monday at the Federal High Court in Abuja following the absence of the plaintiff and key defendants.
The suit, filed by lawyer Johnmary Jideobi before Justice Peter Lifu, could not proceed after neither counsel to the plaintiff nor representatives of the Independent National Electoral Commission (INEC) and the Attorney-General of the Federation (AGF) appeared in court.
When the matter was called, only counsel to Jonathan, Chief Chris Uche (SAN), was present.
Jonathan’s Counsel Seeks Dismissal
Uche informed the court that the case had been fixed for hearing at 2 p.m., noting that the court had earlier adjusted its schedule to accommodate the parties.
The senior advocate urged the court to strike out the suit for lack of diligent prosecution, arguing that the plaintiff and his counsel failed to appear without any explanation.
According to him, the plaintiff’s counsel, Ndubuisi Ukpai, who was present at the previous sitting, neither attended court nor communicated reasons for his absence.
He added that the plaintiff, who is also a lawyer, failed to appear in court.
“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 said.
He further argued that the court had the power to strike out abandoned matters, stressing that the defendants had already filed and exchanged processes.
Uche also asked the court to award N5 million in costs against the plaintiff, insisting that there should be consequences for default in court proceedings.
Court Insists INEC Must Be Heard
Justice Lifu, however, sought clarification from the court registrar on whether hearing notices had been served on INEC and the AGF, listed as the second and third defendants in the matter.
The registrar confirmed that both parties have not been served.
Following the confirmation, the judge held that the interest of fair hearing required that the affected parties be given another opportunity to participate in the proceedings.
Responding, Uche argued that INEC and the AGF had remained passive in the matter and that striking out the suit would not prejudice them.
Justice Lifu, however, maintained that INEC was a critical party in the case and must be heard before any decision could be taken.
“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 said.
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Justice Lifu also directed that fresh hearing notices be issued and served on the plaintiff, INEC and the AGF, describing it as the final opportunity for the absent parties.
“In the circumstances of this case, I am minded to bend backward to accommodate the plaintiff and the 2nd and 3rd defendants who have consistently been absent,” the judge stated.
Jonathan Challenges Competence of Suit
Meanwhile, Jonathan, through a preliminary objection filed by Uche, challenged the competence of the suit, arguing that the plaintiff lacked the legal standing to institute the action.
The former president described the suit as speculative and premature, insisting that there had been no nomination, election or valid cause of action to justify the case.
According to the objection, the court lacked jurisdiction to entertain hypothetical constitutional questions, while the suit amounted to an abuse of court process aimed at securing a pre-emptive political judgment.
Jonathan further argued that the issues raised had already been resolved in an earlier judgment delivered by the Federal High Court in Yenagoa.
The suit, marked FHC/ABJ/CS/2102/2025 and filed on October 6, 2025, joined INEC and the Attorney-General of the Federation as co-defendants.
Rafiyat Sadiq is a political, justice, and human rights reporter with Pinnacle Daily, known for fearless reporting and impactful storytelling. At Pinnacle Daily, she brings clarity and depth to issues shaping governance, democracy, and the protection of citizens’ rights.