Former President Goodluck Jonathan was absent in court on Friday as the Federal High Court in Abuja adjourned hearing in a suit challenging his eligibility to contest the 2027 presidential election. The case was postponed until Monday after the Independent National Electoral Commission, Independent National Electoral Commission, failed to appear in court through legal representation.
The suit, which is before Justice Peter Lifu, seeks a judicial interpretation of constitutional provisions relating to presidential tenure limits and whether Jonathan can lawfully contest the 2027 election.
Although INEC was absent, lawyers representing Jonathan and the office of the Attorney-General of the Federation were present during the proceedings.
Jonathan’s legal team, led by Chief Chris Uche, SAN, had already filed preliminary objections challenging the competence of the suit. Meanwhile, counsel representing the Attorney-General of the Federation, J.D. Esho, informed the court that the office had not yet received the originating summons filed by the plaintiff.
During proceedings, Justice Lifu expressed dissatisfaction with the slow pace of the case and criticised the plaintiff for failing to diligently prosecute the matter. The court subsequently awarded a N1 million fine against the plaintiff in favour of former President Jonathan. The ruling followed an application by Jonathan’s counsel, who accused the plaintiff of unnecessary delays and initially requested N5 million in costs.
The judge stressed the importance of accelerated hearings in politically sensitive matters, especially in view of Nigeria’s election timetable. He ordered the plaintiff to serve all pending court documents on INEC and the Attorney-General within two hours and directed both parties to file their responses before the next hearing date scheduled for May 18, 2026.
The plaintiff, Mr. Johnmary Jideobi, had also filed a motion asking Justice Lifu to recuse himself from the case, alleging judicial bias. In a petition submitted to the Chief Judge of the Federal High Court, Justice John Tsoho, the plaintiff claimed the judge denied him adequate time to respond to Jonathan’s legal filings and unfairly shortened the constitutional timeline provided for replies.
According to the plaintiff, the judge’s insistence on speedy proceedings and repeated references to the INEC election timetable created the impression of partiality. He argued that the court’s actions violated his constitutional right to fair hearing and adequate time to prepare his case.
At the centre of the legal battle is the interpretation of Section 137 of the 1999 Constitution regarding presidential tenure limits. The plaintiff contends that Jonathan, who completed the late President Umaru Musa Yar’Adua’s tenure before winning the 2011 presidential election, has already exhausted the maximum constitutional limit allowed for a Nigerian president.
The suit is seeking a perpetual injunction restraining Jonathan from contesting the 2027 presidential election or any future presidential election in Nigeria. It also seeks an order preventing INEC from accepting or publishing Jonathan’s name as a presidential candidate.
In an affidavit supporting the suit, the plaintiff argued that if Jonathan contests and wins the 2027 election, it would amount to a third oath of office as President of Nigeria, which he claims violates constitutional provisions on tenure limits.
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The matter is expected to continue on Monday, when the court will hear the originating summons and all pending applications related to the case.
