Court Adjourns Jonathan Eligibility Suit to May 18 as INEC Fails to Appear, Plaintiff Absent Again

Published on 15 May 2026 at 12:16

Reported by: Ijeoma G | Edited by: Oravbiere Osayomore Promise.

The Federal High Court in Abuja did not deliver judgment on Friday, May 15, 2026, in the suit seeking to disqualify former President Goodluck Jonathan from the 2027 presidential election. Instead, Justice Peter Odo Lifu was forced to adjourn the case for the second time in one week after the Independent National Electoral Commission (INEC) failed to appear in court and the Attorney‑General of the Federation (AGF) told the court he had never been served with the court processes. The judge also noted that the plaintiff, lawyer Johnmary Jideobi, was conspicuously absent from the proceedings.

At the May 11 sitting, the court had fixed May 15 for definite hearing, warning that no further adjournment would be granted. However, when the matter was called on Friday, INEC, the second defendant in the suit, was again not represented. The AGF, the third defendant, informed the court through counsel that he had not been properly served with the originating summons and therefore could not file any response. Justice Lifu expressed frustration with the repeated delays but held that it would be in the interest of justice and fair hearing to allow the plaintiff one final opportunity to serve all parties properly. The judge subsequently fixed May 18 for the next hearing and ordered the plaintiff to ensure all necessary documents are served on the relevant defendants.

Chris Uche, a Senior Advocate of Nigeria representing Jonathan, urged the court to strike out the suit for lack of diligent prosecution, arguing that the repeated absence of the plaintiff and his lawyer demonstrated a lack of seriousness. He also sought a N5 million cost against the plaintiff. However, Justice Lifu declined to strike out the case, stating that he preferred to give the parties one more chance in the interest of justice.

The suit, marked FHC/ABJ/CS/2102/2025, was filed by Abuja‑based lawyer Johnmary Jideobi. The plaintiff is seeking an order restraining Jonathan from presenting himself to any political party as a presidential aspirant for the 2027 election. He is also asking the court to stop INEC from accepting, processing, or publishing Jonathan’s name as a presidential candidate. The suit argues that Jonathan has already exhausted the constitutional limit of two tenures as president, having completed the unexpired term of the late President Umaru Musa Yar’Adua after his death in 2010 and later serving a full elected term after the 2011 election. An affidavit filed in support of the suit by Emmanuel Agida stated, “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.”

Jonathan, through his lawyer, Chris Uche, SAN, has asked the court to dismiss the suit, arguing that the issues raised have already been decided by the Federal High Court and the Court of Appeal in previous cases. Uche informed the court that Jonathan only became aware of the suit through media reports and subsequently filed a notice of preliminary objection, counter‑affidavit, and written address challenging the competence of the case. He also noted that the plaintiff had failed to appear in court on two consecutive occasions, which he argued amounted to an abandonment of the suit.

The repeated adjournments have frustrated the court, with Justice Lifu previously warning that costs could be awarded against the plaintiff for the delays. However, the judge has consistently opted to give the parties another opportunity rather than strike out the case outright. With the May 18 hearing now fixed, the court will determine whether to proceed with the substantive suit or to dismiss it for lack of diligent prosecution. If the court ultimately rules in favour of the plaintiff, Jonathan could be permanently barred from contesting the 2027 presidential election. If the court dismisses the suit, the former president will be free to participate in the race should he choose to do so.

As the 2027 election cycle gains momentum, the constitutional question of whether Jonathan can legally return to the ballot remains unresolved. The former president has not publicly declared his intention to run, but his supporters have continued to urge him to consider a comeback. The court’s eventual ruling will have far‑reaching implications for the interpretation of presidential term limits and the political landscape ahead of the 2027 elections.

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