Hearing in a suit seeking to stop former President Goodluck Jonathan from contesting the 2027 presidential election suffered a setback on Monday at the Federal High Court in Abuja following the absence of key parties in the matter.
The case, filed by lawyer Johnmary Jideobi before Justice Peter Lifu, could not proceed as neither the plaintiff nor counsel representing the Independent National Electoral Commission (INEC) and the Attorney-General of the Federation (AGF) appeared in court.
Only counsel to the former president, Chief Chris Uche (SAN), was present when the matter was called.
Uche informed the court that the case had earlier been scheduled for hearing and that the court had accommodated all parties by fixing proceedings for 2 p.m.
The senior advocate subsequently urged the court to strike out the suit for lack of diligent prosecution.
According to him, the plaintiff’s counsel, Ndubuisi Ukpai, who was present during the last adjourned date, neither appeared in court nor communicated any reason for his absence.
He further noted that the plaintiff himself, who is also a lawyer, failed to appear without explanation.
“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 argued.
He added that since parties had already exchanged processes in the matter, the court could also consider dismissing the suit entirely.
According to the defence counsel, the rules of the court empower the judge to strike out the matter for want of diligent prosecution.
“We humbly apply that it be struck out or dismissed with a very substantial cost,” he prayed.
Justice Lifu, however, directed the court registrar to confirm whether hearing notices had been served on INEC and the AGF, listed as the second and third defendants respectively.
After verification, it was confirmed that both parties had not been served with hearing notices.
The judge subsequently held that, in the interest of fair hearing, INEC and the AGF should be given another opportunity to participate in the proceedings.
But Uche maintained that both agencies had remained passive in the case and argued that striking out the suit would not negatively affect them.
He further requested the court to award a cost of N5 million against the plaintiff.
“For every default, there must be a consequence,” he said.
“We urge your lordship to exercise the powers of the court in our favour.”
Justice Lifu, however, insisted that all parties must be given adequate opportunity to 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,” the judge stated.
“Let us listen to INEC in this matter.”
The court subsequently adjourned the case until May 15 for definite hearing.
“In the circumstances of this case, I am minded to bend backward to accommodate the plaintiff and the second and third defendants who have consistently been absent,” Justice Lifu said.
The judge also observed that the hearing date had been fixed at 2 p.m. based on agreement reached with the plaintiff’s counsel during the previous sitting.
He then ordered that fresh hearing notices be issued and served on the plaintiff, INEC and the AGF for the final time.
Meanwhile, Jonathan, in a preliminary objection filed through his lawyer, argued that the plaintiff lacked the legal standing to institute the suit.
The former president described the action as speculative, premature and based entirely on media reports, stressing that there had been no official nomination, election or valid cause of action against him.
“The court lacks jurisdiction to entertain hypothetical constitutional questions,” the objection read.
“The suit constitutes a gross abuse of court process aimed at obtaining a pre-emptive political judgment.”
Jonathan also argued that the inclusion of INEC and the AGF in the suit was merely a strategy to create jurisdiction.
He further contended that the issues raised had already been settled in an existing judgment delivered by the Federal High Court in Yenagoa.
The former president therefore urged the court to strike out the suit for lack of jurisdiction and abuse of court process.
The suit, marked FHC/ABJ/CS/2102/2025, was filed on Oct. 6, 2025, with Jonathan named as the first defendant, while INEC and the AGF were joined as second and third defendants respectively.
