Court Orders Service on INEC, AGF as Jonathan Eligibility Suit Stalls in Abuja
A Federal High Court in Abuja has ordered that fresh hearing notices be served on the Independent National Electoral Commission (INEC) and the Attorney General of the Federation (AGF) in connection with a suit seeking to bar former President Goodluck Jonathan from contesting the 2027 presidential election, after it emerged that both government bodies had yet to be formally notified of the proceedings.
The directive was issued by Justice Peter Lifu on Monday following a troubled court session in which neither the plaintiff nor his legal counsel appeared, and it was subsequently confirmed that INEC and the AGF listed as the second and third defendants in the case had not been served with hearing notices despite an earlier court order mandating it.
The registrar, upon inquiry from the bench, confirmed that the two institutions had received no formal summons.
Justice Lifu, emphasising that fair hearing remained a cornerstone of the proceedings, declined to dismiss or strike out the suit despite the widespread absence of parties. Instead, he directed that fresh notices be issued to all affected parties including the plaintiff and adjourned the matter to May 15, 2026, which he described as a final opportunity for all parties to appear.
The judge also warned that punitive costs could be imposed on the plaintiff should he again fail to show up in court without explanation.
The suit, filed under case number FHC/ABJ/CS/2102/2025, was brought before the court by Abuja-based lawyer Johnmary Jideobi. He is asking the court to determine whether Jonathan is constitutionally eligible to seek the presidency once more, citing sections 1(1), 1(2), 1(3) and 137(3) of the 1999 Constitution. Jideobi’s position rests on the argument that Jonathan has already exhausted his constitutional two-term limit having first completed the tenure of the late President Umaru Musa Yar’Adua following his death in May 2010, and subsequently winning a full term of his own at the 2011 presidential election.
The plaintiff is also seeking an injunction to prevent Jonathan from presenting himself to any political party as a candidate, and to restrain INEC from accepting or publishing his name ahead of the 2027 vote.
Jonathan’s legal team, led by Chris Uche (SAN), has moved aggressively to have the suit thrown out. Uche filed a preliminary objection, counter-affidavit and written address on behalf of the former president on May 5, 2026, urging the court to dismiss the case entirely. He argued that a similar matter had previously been decided by the Federal High Court and upheld by the Court of Appeal, and characterised the current action as speculative and premature, given that no party nomination or election process has commenced.
Jonathan’s legal position further holds that the court lacks jurisdiction to entertain what amounts to a hypothetical constitutional question, and that the suit constitutes an abuse of court process aimed at securing a pre-emptive political judgment.
During Monday’s session, Uche also urged Justice Lifu to strike out the case outright and award five million naira in costs against the plaintiff, pointing to what he described as a clear abandonment of proceedings. The judge, however, refused both requests, stressing the need to ensure all parties particularly INEC had a proper opportunity to participate.
The case will next be heard on May 15, with the court’s patience visibly running thin.





