Breaking News
Federal High Court Adjourn Application To Stop Good luck Jonathan To May 15 For Definite Hearing
Justice Peter Lifu of the Federal High Court in Abuja has set May 15 as deadline for definite hearing in a suit filed by a lawyer, Johnmary Jideobi, seeking to stop former President Goodluck Jonathan from contesting 2027 presidential election.
The judge on Monday 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, the Independent National Electoral Commission, INEC, and the Attorney General of the Federation, AGF, and Minister of Justice, 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 former President Goodluck Jonathan, applied 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 for dismissal with a N5 million cost to be awarded against the plaintiff and payable to Jonathan.
He argued that from all indications, the plaintiff has abandoned the suit and ran away upon sighting the preliminary objections raised against the suit, adding that the court is a busy place and not for unserious matters.
Justice Lifu however noted that there was no evidence of service of hearing notice on INEC and AGF to appear in court for the suit adding that lack of service of hearing notice is fundamental.
The judge said rather than striking out the suit, he prefers to bend backward to accommodate the plaintiff and the two defendants for the last time.
While adjourning the matter to May 15, Justice Lifu ordered that hearing notice be served on the plaintiff and the 2nd and 3rd defendants who were not in court on Monday.
The plaintiff, Johnmary Jideobi
had filed the case seeking an order to restrain Jonathan from presenting himself to any political party as an aspirant for the 2027 election.
He is also asking the court to stop INEC from accepting, processing or publishing Jonathan’s name as a presidential candidate.
In the suit, the plaintiff asked the court to determine whether, based on sections 1(1), (2), (3) and 137(3) of the 1999 Constitution, Jonathan remains eligible under any circumstances to contest for Nigeria’s highest office again.
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 Yar’Adua died a day earlier.
Agida said reports suggesting that, Jonathan may be interested in the 2027 election informed the decision to approach the court with the suit.
“The plaintiff believes that the 1st defendant, having completed the unexpired term of late President Yar’Adua and subsequently served a full term after the 2011 election, has exhausted the constitutional limit of two tenures as president,” the affidavit stated.
The plaintiff further argued that unless the court intervenes, a political party could nominate Jonathan for the election in violation of constitutional provisions.
According to the affidavit, if Jonathan contests and wins the election, he would be taking the presidential oath of office for the third time.
Agida maintained that the suit was filed in the public interest and to uphold the supremacy of the constitution and preserve the integrity of Nigeria’s constitutional order.
Jonathan had said he was consulting on whether or not he should join the 2027 presidential race.
Breaking News
BUNKERING: Troops Uncover Suspected Illegal Refinery In Rivers, Recover Crude Oil Processing Equipment
Troops have uncovered suspected illegal crude oil refining equipment during a patrol operation in the Orashi National Forest, Ahoada West Local Government Area of Rivers State.
The development was disclosed in a report by Zagazola Makama, a counter-insurgency and security expert covering the Lake Chad region.
According to the report, the discovery was made at about 12:00pm on Saturday by troops of the 16 Brigade Garrison at Abissa in collaboration with personnel of the 5 Battalion while carrying out anti-crude oil theft operations.
Makama reported that the troops discovered equipment believed to have been used for suspected illegal crude oil refining activities during the patrol.
Items recovered from the site included one large oven drum, one large coolant, two small oven drums, one small coolant, one long galvanised pipe and two sacks containing crude oil.
Makama said the recovered items were handled in line with the operational procedures guiding the ongoing anti-crude oil theft operations.
“The operation forms part of sustained efforts by security forces to dismantle illegal refining camps, curb crude oil theft and protect critical national assets in the Niger Delta region,” the report stated. …For more, Complete your reading.
You may like
Breaking News
US-Based Nigerian Seek Court To Set Aside Judgment
A Nigerian-American engineer, Anthony Ehiedu Ugbebor, has asked the Court of Appeal to overturn the judgment of the Lagos High Court which declared that his property purchase agreement with a developer, Mr Olukayode Olusanya and Oak Homes Multinational Services Limited had been extinguished by the doctrine of novation.
The Lagos High Court had in the judgment ordered the refund of the N152 million Ugbebor paid for two luxury apartments in Victoria Island, Lagos.
In a Notice of Appeal filed by his counsel, Barrister Nasir Salau of Nasir Salau & Co., challenging the June 15, 2026 judgment delivered by Justice Akingbola George, Ugbebor argued that the trial judge misapplied settled principles of contract law, ignored material evidence, wrongly dismissed his counterclaim, and erroneously refused his claim for specific performance of the property sale agreement.
The appeal arose from Suit No. LD/4471LM/2023, instituted by property developer Olukayode Olusanya and Oak Homes against Ugbebor and the Economic and Financial Crimes Commission, EFCC, over alleged trespass on two second-floor three-bedroom apartments located at 14A Musa Yar’Adua Street, Victoria Island, Lagos.
Although the Lagos High Court dismissed most of the developer’s claims, it held that the parties’ conduct had effectively terminated their original agreement through novation.
The court also ordered Olukayode and Oak Homes to refund the N152 million previously paid by Ugbebor, while dismissing the engineer’s counterclaim seeking completion and delivery of the apartments or, alternatively, damages.
Dissatisfied with those findings, Ugbebor asked the Court of Appeal to overturn the judgment, restore the validity of the original contract and compel Oak Homes to honour its obligations under the agreement
Ugbebor also urged the appellate court to set aside the judgment in its entirety, arguing that the Lagos High Court’s findings were contrary to the evidence and established legal principles governing contracts.
He maintained that the original agreement remained valid and enforceable and asked the Court of Appeal to compel Oak Homes to honour its contractual obligations.
One of his principal complaints is that the trial judge wrongly placed the burden of proving payment on him instead of the claimant.
According to the Notice of Appeal, the judge erred in holding that he failed to make payments within contractual timelines despite evidence that the payment structure under the agreement was tied to construction milestones rather than fixed dates.
The appellant argued that under the payment schedule contained in Exhibit CW1, 35 percent of the purchase price became payable upon completion of the roofing stage, while the final 20 per cent became payable only upon completion of the apartments.
He maintained that the agreement never required payment on fixed calendar dates and that he had already paid about 80 per cent of the agreed purchase price even though the developer allegedly failed to attain the contractual milestones.
According to him, the trial judge misconstrued the payment clauses and ignored the unchallenged testimony of the defence witness that substantial payments had been made despite the developer’s inability to complete the project as agreed.
He further argued that under the Evidence Act, the burden of proving non-payment rested on Oak Homes, which alleged breach of contract, and not on him.
A major plank of the appeal is the trial court’s reliance on the doctrine of novation.
Justice George had held that the conduct of both parties created a new contractual relationship which effectively extinguished the original agreement.
However, Ugbebor argued that the finding was contrary to established principles of Nigerian contract law.
Relying on the Supreme Court’s decision in Heritage Bank Ltd v. Ajugwo, he contended that novation cannot be presumed merely from the conduct of parties.
According to him, for novation to arise there must be a clear agreement by all parties to substitute the original contract with a new one, coupled with an intention to extinguish the previous contractual obligations.
He argued that no witness testified that such a new agreement existed and no documentary evidence established one.
Rather, he maintained that the conduct relied upon by the trial court was consistent only with issues of delayed performance and alleged breach, not the creation of an entirely new contract.
He therefore urged the Court of Appeal to hold that the original agreement remained valid and binding. …For more, Complete your reading.
You may like
-
Breaking News7 months agoTerrorists Want ₦2m ‘levy’ in Katsina Community Despite Peaceful Agreement
-
Breaking News8 months agoEx-EFCC Exhibit Keeper Kaduna Zonal Directorate, Allegedly Steals ₦22m
-
Breaking News9 months agoNiger Delta Group hails Tinubu, NUPRC for ₦373bn host community fund and 536 life-changing projects
-
Breaking News7 months agoBreaking News: Nigerian Air Force Reportedly Kills 750 Terrorists in Borno State
-
Business9 months agoHouse of Representatives probes $35m modular refinery project
-
Breaking News9 months agoUCL: Osimhen Statement after Galatasaray’s 3-1 Win over Bodo/Glimt
-
Business2 months agoBREAKING NEWS: Zenith Bank Rewards Investors with ₦410.69bn Dividend at AGM
-
Breaking News6 months agoNasarawa Insecurity: Suspects Apprehended, Man Hunt Ongoing – Gov Sule
