By Bonaventure Phillips Melah

Justice Peter Lifu of the Federal high court in Abuja on Monday, adjourned till Friday, hearing on the suit seeking to stop former president, Dr. Goodluck Jonathan from contesting the 2027 presidential election.

It would be recalled that though Jonathan has not declared intention to contest the election, many groups from across Nigeria have been calling on him to contest the election in order to rescue the nation from mirage of challenges including hunger, high cost of living, bad economy, high cost of petroleum products and others.

The suit, instituted by a lawyer, Johnmary Jideobi, could not proceed as no counsel appeared for the plaintiff, Independent National Electoral Commission (INEC) and Attorney-General of the Federation (AGF).

When the case was called, only Jonathan’s lawyer, Chief Chris Uche, SAN, was in coury.

Uche informed the court that the matter was fixed for hearing and the court was magnanimous to the parties to fix the proceeding at 2pm.

The senior lawyer, therefore, applied that the matter be struck out for lack of diligent prosecution.

He submitted that the plaintiff’s lawyer, Ndubuisi Ukpai, who was in court on the last adjourned, had not deemed it fit to either be present or sent a letter why he would not be in court.

Besides, Uche said the plaintiff, Jideobi, who is also a lawyer, was not in court and no excuse was offered as to why they would not be present.

“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.

“And in a matter where processes have been exchanged, we may ask that the matter be dismissed,” he said.

According to him, the rules of this court empower your lordship to strike out the suit for want of diligent prosecution.

“So, we humbly apply that it be struck out or dismissed with a very substantial cost,” he prayed.

Justice Lifu then asked the registrar to confirm from the court file if hearing notices were served on INEC and AGF, the 2nd and 3rd defendants in the case.

And it was confirmed that neither INEC nor AGF was served.

The judge therefore held that in the interest of fair hearing, the 2nd and 3rd defendants should be afforded another opportunity.

But Uche, who argued that INEC and AGF were passive in the matter, said if struck out, the order would be beneficial to the 2nd and 3rd defendants because it would have no adverse effect on them.

He said this was necessary given the nature of the matter and the status of the person he brought to court.

He, therefore, sought a N5 million cost against the plaintiff.

“For every default, there must be a consequence.

“So we urge your lordship to exercise the right you have under the rules of the court in our favour,” he said.

The judge, however, restated the need to give the other parties another opportunity.

“Let us give them time. Let this order be served on INEC because INEC is fundamental in this case

“Let us listen to INEC in this matter,” he said.

Justice Lifu consequently adjourned the matter until May 15 for a definite hearing.

“In the circumstances of this case, I am minded to bend backward to accommodate the plaintiff and the 2nd and 3rd defendants who have consistently absent,” he said.

The judge observed that the hearing was fixed at 2pm in agreement with the plaintiff’s lawyer.

The judge then ordered that hearing notices be issued and served on the plaintiff, INEC and AGF for the last time.

Dr. Jonathan, in his preliminary objection filed by his lawyer, said Jideobi lacked the legal right to file the suit.

According to him, the suit is purely speculative, founded on conjecture, premature and predicated on media speculation, as there was no nomination, no election and no cause of action.

“The court lacks jurisdiction to entertain hypothetical constitutional questions.

“The suit constitutes a gross abuse of court process, aimed at obtaining a pre-emptive political judgment.

“Cosmetic joinder of 2nd and 3rd defendants is a mere jurisdictional artifice,” the ex-president said.

Jonathan submitted that the issues raised had already been judicially settled by a subsisting judgment of the Federal High Court, Yenagoa.

The former president, therefore, sought an order striking out the suit for want of jurisdiction and as constituting a gross abuse of court process.