.Fixes May 18 for definite hearing
Alex Enumah in Abuja
A Federal High Court in Abuja, yesterday, fined an Abuja-based lawyer, Johnmary Jideobi, the sum of N1 million for “frustrating” hearing in the suit he filed, challenging the legality of former President Goodluck Jonathan’s participation in the forthcoming general elections.
The court based the decision on the plaintiff’s failure to serve the suit on the respondents over six months after filing the same, as well as absenting himself from Monday’s proceedings without communicating with the court or other parties, including coming late to court at Friday’s hearing.
Jideobi had approached the court to issue an order restraining Jonathan from presenting himself to any political party as a candidate for the 2027 election.
Besides, he wants the court to stop Independent National Electoral Commission (INEC) from accepting, processing or publishing Jonathan’s name as a presidential candidate.
When the matter was called yesterday, neither the plaintiff nor his lawyer was in court, leading to Jonathan’s lawyer, Chief Chris Uche, SAN, calling on the court to strike out or dismiss the suit for lack of diligent prosecution.
However, while the court was about to react to Uche’s submissions, plaintiff’s lawyer, Ndubuisi Ukpai, announced his presence and apologised for his late coming.
Ukpai, who drew the court’s attention to some pending applications before the court, argued that the plaintiff is still within time to respond to Jonathan’s counter-affidavit, but was reminded that the court ordinarily ought not to have heard him, following his disregard for the court.
Trial judge, Justice Peter Lifu, recalled how the court had bent back to grant his request for adjournment, only for him to be absent on the adjourned date without any reason and communication.
When Jonathan’s lawyer urged the court to proceed with the hearing on grounds that the plaintiff appeared not to be serious with the case, the court however explained that in the interest of fair hearing he would be forced to adjourned again, because the 2nd defendant, the Independent National Electoral Commission (INEC) was not in court and even the 3rd defendant, the Attorney General of the Federation (AGF’s) was represented by a counsel, he did not file anything before the court as a respondent.
Reacting, the AGF’s lawyer, J. D. Esho informed the court that the 3rd defendant was yet to be served with the suit, a development which infuriated the court.
The judge further expressed anger and disappoinment that the plaintiff failed to serve the suit on any of the respondents since last October when the suit was filed.
While condenming the conduct of the plaintiff Justice Lifu subsequently ordered him to pay Jonathan the sum of N1million as cost, for bringing him to court and yet frustrate hearing in the matter.
“I have carefully and painstakingly considered all the submissions and prayers of the learners counsel in this matter.
“As this court has earlier ruled and ordered, this case has a character of politics.
“I have taken judicial notice of the Independent National Electoral Commission (INEC)’s timetable.
“The duty of this court is to ensure that political cases are given accelerated hearing and disposed of expeditiously.
“In that wise, and as earlier stated, this court reiterates the provisions of the National Judicial Policy in case management.
“I hereby orders as follows:
“The plaintiff, who filed this suit in October 6, 2025, and has not deemed it fit to serve, is hereby granted grace of two hours from now, that is 10:30 am, to serve all the processes to the 2nd and 3rd defendants (INEC and AGF) unfailingly.
“The 2nd and 3rd defendants are hereby ordered to file and serve their responses, if any, before 11am on Monday, 18th of May, 2026.
“By consent of counsel, this suit is adjourned to May 18th, 2026, by 12noon for definite hearing of the originating summons and all pending applications,” Justice Lifu said.
The judge, who observed that Jideobi filed the suit since October 6, 2025, expressed surprise that he had yet to serve INEC and the Attorney-General of the Federation (AGF), the 2nd and 3rd defendants, six months after.
Besides, he observed that counsel for the ex-president (1st defendant), Chief Chris Uche, SAN, told the court on May 8 when the case came up that they got the information about the suit in the media and decided to file and serve their processes.
The judge equally observed that on May 11, neither Jideobi, who is also a lawyer, nor Ukpai was in court despite fixing the hearing time at 2p.m. at the instance of the plaintiff’s lawyer on May 5.
He further noted that though Uche asked for a N5 million cost, the request was not granted in the interest of fair hearing.
“No doubt, cause follows event.
“On May 11 , this court refused to grant the 1st defendant’s application for a cost of N5 million but rather, make cost in this cause.
“Today, it is crystal clear that the plaintiff did not serve the originating summons to the 2nd and 3rd defendants since October 6, 2025.
“This case is for hearing today and the hearing has been frustrated or aborted due to the tardiness of the plaintiff who is a lawyer by training and calling.
“Hearing cannot go on now as an event.
“Consequently, I hold that punishment should lie where the fault is.
“I hereby award the cost of N1 million against the plaintiff but in favour of the 1st defendant only. I so ruled,” Justice Lifu said.
In the suit, the plaintiff asked the court to determine whether, based on Sections 1(1), (2), (3) and 137(3) of the 1999 Constitution, Jonathan remains eligible under any circumstances to contest for Nigeria’s highest office again.
According to the plaintiff, Jonathan had already exhausted the constitutional limit for the office after completing the tenure of late President Umaru Musa Yar’Adua and subsequently serving a full four-year term following the 2011 election.
