Jonathan Challenges Suit Seeking to Stop Him from Contesting 2027 Election
*Holds strategic meeting with Turaki-led PDP
Chuks Okocha and Alex Enumah in Abuja
As speculation on former President Goodluck Jonathan’s participation in the 2027 presidential election continues to swell, the ex-president has presented before the Federal High Court, Abuja, a judgement affirming his eligibility in the presidential race.
This was as the Tanimu Turaki-led factional national leadership of the Peoples Democratic Party (PDP) yesterday held a strategic meeting with former President Jonathan as part of his consultations. This comes less than 48 hours after Jonathan disclosed that he was consulting on the possibility of running for the presidency in 2027.
The Certified True Copy of the judgement delivered on May 27, 2022 by Justice Isa Dashen of the Yenagoa Division, formed part of documents Jonathan tendered in his defence of a suit filed by an Abuja-based lawyer, seeking his disqualification from the 2027 presidential election.
The plaintiff, Johnmary Jideobi, had dragged the former president to court over his alleged plans to contest in the 2027 poll.
He argues that by constitutional provisions Jonathan cannot contest for the post of president having done so twice.
Among reliefs he is seeking in the suit marked: FHC/ABJ/CS/2102/2025, includes; an order of perpetual injunction, restraining Jonathan from presenting himself to any political party in the country for the purpose of contesting in the 2027 poll.
The plaintiff in addition is asking the court to restrain the Independent National Electoral Commission (INEC) from accepting from any political party, Jonathan’s name or publishing the same as a duly nominated candidate for the election.
While Jonathan is the first defendant in the suit dated October 6, 2025, the Independent National Electoral Commission and the Attorney General of the Federation (AGF) are joined as 2nd and 3rd defendants respectively.
However, the former president in his counter-affidavit to the suit as well as preliminary objection, urged the court to dismiss the suit for being incompetent and lacking merit.
In a Notice of Preliminary Objection dated May 5, and filed the same day, the former president through his lawyers led by Chief Chris Uche, SAN, prayed the court to strike out the suit for want of jurisdiction because it constitutes a gross abuse of court process.
Besides, he submitted that the plaintiff has no locus standi (legal authority) to initiate the suit as he has not showed how Jonathan’s participation affects him, adding that the case of the plaintiff constitutes an “abuse of court process” which he said was aimed at “obtaining a pre-emptive judgment”.
According to the first defendant, “issues raised have already been judicially settled by a subsisting judgement of the Federal High Court, Yenagoa” in 2022.
“The plaintiff has no personal interest or legal right whatsoever affected by the subject matter of this suit.”
In a 14 paragraph affidavit deposed in support of the Notice of Preliminary Objection, Jonathan maintained that the plaintiff’s suit is utterly speculative, academic, hypothetical, and not based on any real or existing dispute.
“The plaintiff relies on media publications and conjecture suggesting that the 1st defendant may contest a future election.
“The 1st defendant has (i) not declared any intention to contest any election; (ii) not been nominated as a candidate; and not participated in any electoral process giving rise to this suit.”
Referring to Section 137(3) of the Constitution (as amended) which was introduced by a constitutional amendment (Act No. 10 of 2017) which came into force in June 2018, the deponent, Emmanuel Tsebo, told the court that Jonathan “has not been elected as President more than once”, adding, “That the tenure of the 1st defendant ended in 2015, prior to the coming into force of the said amendment.”
He added, “That the said constitutional amendment does not state that it applies retrospectively.
“That by settled principles of law, constitutional provisions do not operate retrospectively to affect vested rights.”
Besides, the deponent averred that the issue raised by the plaintiff concerning the constitutional eligibility of Jonathan had already been litigated upon and determined by competent Courts of law.
“That in Suit No. FHC/YNG/CS/86/2022 between Andy Solomon & Anor vs. Dr. Goodluck Ebele Jonathan & Ors, the Federal High Court sitting at Yenagoa unequivocally held that the provisions of Section 137(3) of the Constitution do not apply retrospectively to the 1st Defendant, and a certified true copy of the judgement is annexed herewith as Exhibit “A”.
“That the said judgement remains valid, subsisting and binding.
“That the Court of Appeal in the case of Cyriacus Njoku vs. Goodluck Jonathan & Ors, Appeal No CA/A/574/2013 also held that the 1st defendant’s assumption of office upon the demise of President Umaru Yar’Adua did not amount to an elected presidential tenure within the contemplation of the Constitution, and therefore did not count as a prior elected term. A certified true copy of the judgment is annexed herewith as Exhibit “6B”.
“That the Court of Appeal further held that the 1st defendant was running his “first term” after his election in 2011.
“That the said judgement of the Court of Appeal remains valid, subsisting and binding.
“That the plaintiff’s present suit seeks to relitigate the same issue already determined by courts of competent jurisdiction.
“That this suit is a collateral attack on subsisting judgements of courts of competent jurisdiction.
“That the plaintiff’s suit seeks to convert this Honourable Court to sit as a Court of Appeal over the judgements of the Federal High Court and the Court of Appeal.”
He subsequently prayed the court to dismiss or strike out the suit in the interest of justice.
In the attached judgement, Justice Dashen had held that, “the provisions of Section 137(3) of the Constitution acquired the force of law with effect from the 7 day of June, 2018 and same does not have retrospective application. I also declare that, the 1st Defendant is not disqualified by the provisions of Section 137(1)(b) and (3) of the Constitution from contesting for election into the Office of the President of the Federal Republic of Nigeria in the 2023 general elections.”
When the matter came up yesterday, counsel to the plaintiff, Ndubuisi Ukpai, informed the court that the matter was for mention but he has just been served by Jonathan’s counter-affidavit and would be requesting a short adjournment to respond.
While not objecting to the request for adjournment, Jonathan’s lawyer, Chris Uche, SAN, lamented the efforts the court would put into a case which has already been decided by “this court and the court of appeal”.
Uche informed the court that they got information about the case through the media and hence, the need to file their processes urgently going by the importance of the matter which boiled down on the eligibility of the former president to contest in the next election.
The senior lawyer said it was unfortunate that such a suit is filed by a lawyer who should know more that this same matter had been decided by the Federal High Court up to Court of Appeal.
However, the judge interjected and advised him to reserve his strength till next week, noting that the court is only bending “back to allow the adjournment”.
Citing the urgency occasioned by the time-table of the electoral umpire, Justice Peter Lifu, subsequently adjourned till Monday, May 11, for hearing in the Notice of Preliminary Objection as well as the originating summons.
The plaintiff in the originating summons is asking the court to determine, “Whether in view of the combined provisions of the entirety Sections 1(1), (2) & (3) and 137(3) of the 1999 Constitution of the Federal Republic of Nigeria as amended and their conflated interpretation, the 1st defendant is eligible, under any circumstances (whatsoever) to contest for the office of the President of the Federal Republic of Nigeria?”
Citing Sections 1(1), (2) & (3) and 137(3) of the 1999 Constitution of the Federal Republic of Nigeria as amended, he argued that INEC lacks the constitutional power to receive from any political party the name of the Jonathan 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 (AGF) to ensure compliance with the decisions and orders of this court.”
In an affidavit of facts that was deposed in support of the suit by one Emmanuel Agida, the plaintiff told the court that he is an advocate of constitutionalism and the rule of law.
He told the court that the 1st defendant 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.
He said he recently saw on various national dailies and television stations reports on Jonathan’s intention to contest for 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.”
On his locus standi (legal right) to institute the action, the plaintiff maintained that part of his duties, as a lawyer, is to forestall a violation of the constitution and to uphold the rule of law.
“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 possibly 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 come in 2027, it will mark the 3rd time the 1st defendant will be taking 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.
“”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.
“It will be in the interest of justice for this Honourable Court to grant the prayers contained on the face of this Originating Summons,” the affidavit further read.
Meanwhile, as part of his consultations Jonathan yesterday met the Turaki-led factional national leadership of the PDP.
Jonathan addressed a group of Nigerians in front of his office in Abuja on Thursday.
The group had visited the former president to urge him to contest the 2027 presidential election.
However, the former president told the group that vying for the presidency was “not a computer game,” hence the need for wide consultations before deciding on whether to contest in 2027
“You are asking me to come and contest the next election. The presidential race is not a computer game. But I’ve heard you, and I’ll consult widely,” he said.