The Federal High Court, Abuja Division, on Monday fixed May 26 for judgement in a suit filed by a lawyer, Johnmary Jideobi, seeking to stop former President Goodluck Jonathan from contesting in the 2027 presidential election.

Justice Peter Lifu fixed the date after the plaintiff’s and defendants’ lawyers adopted their processes and presented their arguments for and against the case.

Mr Jideobi, the plaintiff, had sued Mr Jonathan, Independent National Electoral Commission and the attorney general of the federation as first to third defendants respectively.

When the case was called on Monday, all the defendants except INEC were not represented in court.

When it was confirmed that the electoral umpire had been duly served with all the court documents and failed to appear, the judge foreclosed its defence in the matter.

The plaintiff’s counsel, Ndubuisi Ukpai, then informed the court of their motion on notice seeking the judge’s withdrawal from the case, citing alleged bias. Mr Ukpai said the motion, dated May 11, was filed on the same date. The lawyer urged the court to grant their relief.

Responding, Chris Uche, who appeared for the ex-president, opposed Mr Jideobi’s motion. The lawyer described the application as “frivolous, baseless and founded on gross misrepresentation”.

“In opposition, we filed a counter-affidavit of five paragraphs on May 12. We want my lord to rely on the record of this honourable court, which has entirely dismissed the plaintiff’s entire claims as false and perjury,” he said.

Mr Uche, who urged the court to discountenance the application as constituting a gross abuse of the court process, prayed the court to dismiss the same with substantial cost and proceed with the case.

In the same vein, AGF Lateef Fagbemi, who was represented in court by Maimuna Lami-Shiru, the director of Civil Litigation and Public Law at the Federal Ministry of Justice, also prayed the judge to dismiss the motion.

Ms Lami-Shiru submitted that a judge may recuse himself from a case if he believes his involvement would affect the impartiality of the case.

“This court can only recuse itself from a suit where the facts and events may affect the impartiality and ability to do justice in the case,” she said.

Ms Lami-Shiru said that the guiding principles are drawn from the constitution and the rules of the court. The lawyer, however, argued that the instant motion was an abuse of the court process. She urged the court to dismiss the plaintiff’s motion as being baseless, unmeritorious, and unfounded on proper provisions of the law.

According to her, he who comes to equity must come with clean hands.

Ms Lami-Shiru, who urged the court to dismiss the motion with substantial cost, sought N2 million cost in favour of the ministry.

After the judge heard the plaintiff’s opposition to the preliminary objection, the judge adjourned the matter until May 26 for a composite judgement.

(NAN)