…..As lawyer challenges judgement

The legal dispute over the eligibility of former President Goodluck Jonathan to contest the 2027 presidential election has moved to the Court of Appeal in Abuja following a challenge to a recent Federal High Court judgment that cleared him to seek a return to office.

An Abuja-based lawyer, Jideobi Johnmary, has filed a notice of appeal asking the appellate court to overturn the May 26 judgment delivered by Justice Peter Lifu, which held that there is no constitutional barrier preventing Jonathan from contesting another presidential election.

In the appeal, Johnmary raised three grounds, arguing that the lower court’s proceedings were fundamentally flawed and should be declared null and void.

A major plank of the appeal is the allegation that Justice Lifu breached the appellant’s constitutional right to a fair hearing by hearing a motion seeking his recusal alongside the substantive suit and subsequently delivering a combined ruling and judgment.

Johnmary had filed a motion on May 11 requesting the judge to withdraw from the case and return the file to the Chief Judge of the Federal High Court for reassignment.

However, when the matter came up on May 18, the judge proceeded to hear both the recusal application and the substantive suit before reserving judgment.

The appellant contends that a motion for recusal directly questions a judge’s impartiality and competence to hear a matter and should therefore be determined before any substantive proceedings take place.

“Deciding the recusal motion simultaneously with the substantive matter defeats the entire purpose of the application,”
Johnmary argued, insisting that the procedure adopted by the trial court denied him access to an impartial tribunal.

He further maintained that by hearing and determining the substantive suit while the recusal application was pending, the trial court acted without jurisdiction, rendering its final orders legally defective.

Beyond challenging the judgment itself, the appellant also attacked the N20 million cost awarded against him in favour of Jonathan, describing the sum as excessive, punitive and unprecedented.

Johnmary argued that the cost award effectively punished him for exercising his constitutional right to seek judicial interpretation of constitutional provisions relating to presidential tenure and eligibility.

According to the appeal, costs awarded by courts are intended to compensate successful parties for expenses reasonably incurred and should not be used as a punitive measure against litigants pursuing legal claims.

The lawyer is therefore asking the Court of Appeal to set aside the judgment and return the case to the Chief Judge of the Federal High Court for reassignment to another judge for a fresh hearing.
Jonathan, the Independent

National Electoral Commission, and the Attorney-General of the Federation have been listed as respondents in the appeal. The Court of Appeal is yet to fix a date for hearing.

The case originated from a suit filed by Johnmary, who sought a judicial determination on whether Jonathan, having previously taken the presidential oath of office twice, remains eligible to contest for the presidency under relevant provisions of the 1999 Constitution.

He had also sought orders restraining Jonathan from presenting himself as a presidential candidate in 2027 and preventing the electoral commission from accepting or publishing his name for any future presidential election.

In dismissing the suit, Justice Lifu held that the issue of Jonathan’s eligibility had already been settled by previous decisions of the Federal High Court in Yenagoa and the Court of Appeal. The judge ruled that he was bound by those earlier decisions and described the action as frivolous and an abuse of court process.

The court further held that the plaintiff lacked the legal standing to institute the suit because he failed to demonstrate any direct injury arising from Jonathan’s alleged intention to contest the presidency.

In addition to the N20 million cost awarded to Jonathan, the court also ordered the plaintiff to pay N1 million to the Attorney-General of the Federation.

Although Jonathan has not publicly declared his intention to contest the 2027 presidential election, renewed political interest in his potential candidacy has continued to generate debate within the opposition camp, with reports indicating that a faction of the People’s Democratic Party has just adopted as their flag bearer. .