Jonathan 2027 Eligibility Row Heads to Appeal Court as Lawyer Seeks Fresh Review of Judgment

The legal debate over former President Goodluck Jonathan’s eligibility to contest the 2027 presidential election has taken a new turn, as the matter is now before the Court of Appeal in Abuja.
An Abuja-based lawyer, Jideobi Johnmary, has approached the appellate court seeking to overturn a Federal High Court judgment delivered on May 26 by Justice Peter Lifu, which affirmed that Jonathan is not constitutionally barred from contesting another presidential election.
In his appeal, Johnmary argued that the trial court proceedings were flawed and breached his right to fair hearing, particularly over the handling of a motion seeking the judge’s recusal.
He contended that the recusal application, which questioned the judge’s impartiality, was wrongly heard alongside the substantive suit and determined in a single ruling, a process he described as improper and prejudicial.
The lawyer had earlier asked Justice Lifu to withdraw from the case and transfer it for reassignment. However, the court proceeded to hear both the objection and the main suit before delivering judgment.
According to him, deciding both issues together undermined judicial fairness and denied him access to an impartial tribunal.
Johnmary is also challenging the N20 million cost awarded against him in favour of Jonathan, describing it as excessive and punitive, particularly in a case he maintains was filed in public interest to clarify constitutional provisions on presidential tenure.
He argued that court costs are intended to reimburse successful litigants, not discourage constitutional litigation or punish citizens seeking judicial interpretation.
The appeal is asking the Court of Appeal to set aside the entire judgment and remit 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 (INEC), and the Attorney-General of the Federation are listed as respondents in the appeal. No date has been fixed for hearing.
The initial suit sought a court declaration on whether Jonathan, having been sworn in twice as President, remains eligible to contest the presidency again under the 1999 Constitution.
Justice Lifu had dismissed the suit, ruling that the issue had already been settled in earlier appellate and trial court decisions. He also held that the plaintiff lacked legal standing and described the case as frivolous and an abuse of court process.
Despite the renewed legal push, Jonathan has not declared any intention to run in 2027, though political discussions about a possible comeback continue within opposition circles.