Suit Against Jonathan’s 2027 Eligibility an Abuse of Court Process – SAN Maduabuchi

Abuja – A Senior Advocate of Nigeria (SAN), Oba Maduabuchi, has described the recent legal action seeking to bar former President Goodluck Jonathan from contesting the 2027 presidential election as a clear abuse of court process.

Speaking on The Morning Show on Arise TV on Tuesday, Maduabuchi noted that the issue of Jonathan’s eligibility had already been conclusively decided by a Federal High Court in Yenagoa, Bayelsa State, and that no appeal has been filed to challenge that ruling.

“Let me start by saying that the suit at the Federal High Court, Abuja, is an abuse of court process,” he said. “An abuse of court process occurs when someone attempts to relitigate a matter already settled by a court of competent jurisdiction.”

He maintained that the decision of the Yenagoa court remains the valid legal position until overturned by a higher court, and any new attempt to revive the case is both redundant and improper.

“The issue of Dr. Goodluck Jonathan’s qualification or non-qualification has already been resolved. Since no appeal has been filed against the Yenagoa judgment, it stands as the law,” Maduabuchi stated. “Anyone filing a similar case elsewhere is simply misusing the judicial system and acting as a busybody.”

At the heart of the controversy is Section 137(3) of the 1999 Constitution (as amended in 2018), which bars anyone who has been sworn in twice as President from seeking re-election. Jonathan first assumed office on May 6, 2010, following the death of President Umaru Musa Yar’Adua, and was subsequently elected in 2011 for a full term.

However, Maduabuchi argued that the constitutional amendment came after Jonathan had left office and, therefore, cannot be applied retroactively.

“When Dr. Jonathan took the oath of office first to complete Yar’Adua’s term and later in 2011 Section 137(3) did not exist. The amendment came in 2018, long after he had served,” he explained. “So, how can a law that came into force years later be used to disqualify him from a future election?”

His comments follow the recent filing of a suit by Abuja-based lawyer, Johnmary Jideobi, at the Federal High Court in Abuja. The case seeks to disqualify Jonathan from contesting the 2027 election and to prevent the Independent National Electoral Commission (INEC) from accepting his nomination from any political party.

Maduabuchi insisted that the attempt to revive a legally settled issue through another court of coordinate jurisdiction was not only legally flawed but could also undermine judicial integrity.