By Victor Osula, Abuja
A Federal High Court in Abuja on Tuesday dismissed a suit seeking to stop former President Goodluck Jonathan from contesting the 2027 presidential election, describing the action as an abuse of court process.
Justice Peter Lifu, who delivered the judgment, also imposed a N20 million cost against the plaintiff, lawyer Johnmary Jideobi, in favour of the former president.
The court further awarded an additional N1 million fine against the plaintiff in favour of the Attorney-General of the Federation (AGF), bringing the total financial penalty against the lawyer to N21 million.
Jideobi had instituted the suit against Jonathan, the Independent National Electoral Commission, and the Attorney-General of the Federation as first to third defendants respectively.
The plaintiff sought an order restraining Jonathan from contesting the 2027 presidential election because the former president had already taken the constitutional oath of office twice and was therefore allegedly barred from seeking another term.
Delivering judgment, Justice Lifu held that the plaintiff lacked the locus standi, or legal right, to institute the suit because he failed to show any personal injury or legal interest affected by Jonathan’s perceived ambition to contest the election.
The judge ruled that courts could only entertain actions brought by persons who had demonstrated sufficient interest and direct injury arising from the subject matter of litigation.
Justice Lifu further held that the issue of Jonathan’s eligibility had already been determined by both the Federal High Court in Yenagoa and the Court of Appeal, whose decisions remained binding on lower courts.
According to the judge, the plaintiff’s attempt to reopen issues already settled by competent courts amounted to an abuse of judicial process.
“The matter has already been decided by a superior court and this court is bound by that decision,” Justice Lifu held.
The court also dismissed Jideobi’s motion seeking the judge’s withdrawal from the matter, describing the application as frivolous and lacking merit.
However, Jonathan, who served as Nigeria’s president from 2010 to 2015, has not publicly declared interest in the 2027 presidential election despite recurring political speculation over a possible return bid.
The legal dispute over the former president’s eligibility has persisted for years, particularly following debates surrounding constitutional term limits and the interpretation of provisions relating to tenure after the death of former President Umaru Musa Yar’Adua, whom Jonathan succeeded in 2010.
Tuesday’s ruling reinforces earlier judicial pronouncements affirming that the former president remains constitutionally eligible to contest future presidential elections should he choose to do so.
