A Federal High Court in Abuja, yesterday, rejected an application seeking to halt proceedings in a suit seeking the deregistration of African Democratic Congress (ADC), Accord Party (AP), Zenith Labour Party (ZLP) and Action Alliance Party (AAP) over alleged constitutional breaches.
Also, the court set May 15 as a definite hearing date in a suit filed by lawyer John Mary Jideobi seeking to stop former President Goodluck Jonathan from contesting the 2027 presidential election, reports The Guardian.
Lifu declined counsel’s request to the 6th defendant, Musibau Adetunbi (SAN), to stay proceedings pending the determination of appeals filed before the Court of Appeal, holding that the matter had earlier been placed on accelerated hearing owing to its urgency and public importance.
The suit, marked FHC/ABJ/CS/2637/2026, was instituted by the Incorporated Trustees of the National Forum of Former Legislators through its counsel, Yakubu Ruba (SAN), against the Independent National Electoral Commission (INEC), the Attorney-General of the Federation (AGF), and many political parties accused of failing to meet constitutional requirements for continued recognition.
At yesterday’s proceedings, Ruba opposed the defendants’ efforts to suspend the hearing in the matter, arguing that the pending appeals were interlocutory and did not prevent the trial court from proceeding.
However, Adetunbi urged the court to stay proceedings, contending that applications relating to the matter had already been lodged before the appellate court.
He argued that settled Supreme Court authority barred a lower court from entertaining issues already presented to a higher court.
Representing INEC, counsel to the 1st defendant, Haliru Mohammed, informed the court that the electoral body had already filed a counter-affidavit to the substantive originating summons and would abide by the position of the law.
In the other case, yesterday, Lifu shifted the hearing date following the absence of the plaintiff, Jideobi, and his lawyer in court without any information.
Apart from the absence of the plaintiff, who is a legal practitioner, INEC and the AGF, who are 2nd and 3rd defendants in the matter, were also not in court.
Following the absence of the plaintiff and the two defendants, Chris Uche (SAN), representing Jonathan, appealed to the court to strike out the suit for lack of diligent prosecution.
Having joined issues with each other, Uche said the suit is liable to dismissal and should be dismissed with a N5 million cost to be awarded against the plaintiff and payable to Jonathan.
While adjourning the matter till May 15, Lifu ordered that a hearing notice be served on the plaintiff and the 2nd and 3rd defendants, who were not in court yesterday.
According to the plaintiff, Jonathan had already exhausted the constitutional limit for the office after completing the tenure of late President Umaru Musa Yar’Adua and subsequently serving a full four-year term following the 2011 election.
An affidavit filed in support of the suit by Emmanuel Agida stated that Jonathan assumed office as President on May 6, 2010, after Umaru Yar’Adua died a day earlier.
