ABUJA – On Monday, the Federal High Court in Abuja scheduled May 26 for judgment in a case challenging the eligibility of former President Goodluck Jonathan to contest the 2027 presidential election.
Justice Peter Lifu set the case down for judgment after all parties had formally adopted their written submissions.
While the Attorney-General of the Federation (AGF), named as a defendant, supported former President Jonathan’s request to dismiss the suit, the Independent National Electoral Commission (INEC) did not participate in the proceedings and was absent from court.
Both the AGF and Jonathan urged the court to impose significant costs on the plaintiff, an Abuja-based lawyer.
They also objected to a motion requesting the judge’s recusal on allegations of bias.
In suit number FHC/ABJ/CS/2102/2025, the plaintiff raised a single issue for the court’s determination:
“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, the 1st Defendant is eligible, under any circumstances [whatsoever] to contest for the office of the President of the Federal Republic of Nigeria?”
Following the resolution of the issue, he requested, 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 other years to come.
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“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 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.”
And also, “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.”
In an affidavit of facts filed in support of the suit by Emmanuel Agida, the plaintiff maintained that if former President Jonathan wins the 2027 election and serves a four-year term ending in 2031, he would surpass the eight-year limit prescribed by law for a Nigerian president.
“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.
“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 the oath of office as the President of the Federal Republic of Nigeria,” he added.
Justice Lifu ruled that the decision on the objections raised in the suit would be delivered together with the final judgment.
