ABUJA– The Federal High Court sitting in Abuja, was Monday, asked to issue an order of perpetual injunction, restraining former President Goodluck Jonathan from presenting himself to any political party in the country for the purpose of contesting the 2027 presidential election.
The court was equally urged to bar the Independent National Electoral Commission, INEC, from accepting from any political party, Jonathan’s name or publishing same as a duly nominated candidate for the presidential contest.
While ex-President Jonathan was cited as the 1st defendant in the matter, both INEC and the Attorney General of the Federation, were listed as 2nd and 3rd defendants, respectively.
“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?”
Upon the determination of the question, the plaintiff, sought four principal reliefs, to wit:
“A declaration of this Honourable Court that upon an intimate reading and complete understanding of the entirety of Sections 1(1), (2) & (3) and 137(3) of the 1999 Constitution of the Federal Republic of Nigeria as amended the first Defendant [GOODLUCK EBELE JONATHAN] is ineligible to stand for or occupy the office of the President of the Federal Republic of Nigeria.
“A declaration of this Honorable Court that in view of the entirety of Sections 1(1), (2) & (3) and 137(3) of the 1999 Constitution of the Federal Republic of Nigeria as amended the 2nd Defendant [the INEC] lacks the constitutional power to receive from any political party the name of the first defendant or publish same as the candidate of any political party for the election into the office of the President of the Federal Republic of Nigeria holding in 2027 and other years to come.
“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.”
As well as, “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 that was deposed in support of the suit by one Emmanuel Agida, the plaintiff told the court that he is an advocate of constitutionalism and the rule of law.
He contended that if the 1st defendant, Jonathan, wins the 2027 presidential election, which is for a term of 4 years spanning 2027 to 2031, he would have exceeded 8 years being the cumulative maximum years a Nigerian President is statutorily permitted to stay in office.
