Jonathan’s Eligibility Suit: ex-IYC President, Delta PDP Scribe Slam ‘Unprofessional’ Lawsuit

…Cost against plaintiff should have been directed at lawyer to curb legal indiscipline – Omare, ex-IYC President

More reactions have continued to trail the recent court verdict reaffirming the eligibility of former President Goodluck Jonathan to contest for the presidency, with legal experts and political stakeholders weighing in on the implications of the judgment.

Reacting to the development on Wednesday, the Secretary of the People’s Democratic Party (PDP) in Delta State, Alaowei Cleric Ebikonbowei, Esq., stated that the outcome of the lawsuit was entirely expected, citing a strong trail of legal precedents that already cleared the path for the former president.

According to the legal practitioner, the lawsuit challenging Jonathan’s eligibility was not only legally hollow but also raised serious ethical concerns regarding the conduct of the initiating lawyers.

“As a lawyer, I was not expecting different results from the court. There are two subsisting judgments in favour of Jonathan to contest.

“The Federal High Court, Yenagoa Division, gave a similar judgment a few years ago. Also, the Court of Appeal has affirmed the judgment in a similar matter”, Cleric stated.

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Cleric strongly criticized the legal team behind the suit, labeling the litigation as “frivolous” and an infringement on professional ethics.

He pointed out that standard court procedures require thorough due diligence to prevent clogging the judicial system with repeated matters.

“It’s unprofessional for a lawyer to take the brief in the first place,” Cleric remarked.

According to him, “Before you file any matter at the Federal High Court, you must first swear an oath of non-duplicity of the matter. It’s a big ethical issue for a lawyer not to do due diligence before filing such a frivolous matter.”

Clarifying the constitutional framework surrounding the issue, the PDP chieftain emphasized that subsequent amendments made to the Nigerian Constitution do not have a retroactive effect on the former leader.

“Jonathan is qualified to contest the presidential election for one term. The amendment of the Constitution didn’t affect the former President,” Cleric added.

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In his reactions, Warri-based lawyer and former President of the Ijaw Youth Congress (IYC), Mr. Eric Omare, Esq., stated that the outcome of the Tuesday’s court judgment that dismissed the eligibility suit against former President Goodluck Jonathan to participate in the 2027 presidential election, did not come as a surprise.

Omare revealed that one of the key judgments the court relied on in reaching its decision was a matter he personally handled as counsel to former President Goodluck Jonathan.

He provided the judgment with suit No. FHC/YNG/CS/86/2022, dated Friday 27th May, 2022, delivered by Justice Isa H. Dashen of the Federal High Court, Yenagoa, Bayelsa State, as support judgment the court relied on for the Tuesday’s ruling.

In the suit which Omare said he handled for the former President in Yenagoa, Messer Andy Solomon and Idibiye Abraham were the 1st and 2nd Plaintiffs respectively while Dr Goodluck Jonathan, All Progressives Congress (APC) and Independent National Electoral Commission (INEC) were the 1st, 2nd, and 3rd Defendants respectively.

Omare maintained that his primary concern in the latest case was the award of N20 million as cost against the plaintiff.

He stated that, in his opinion, the cost should have been directed at the lawyer who filed the case rather than the plaintiff.

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Omare further argued that imposing costs on lawyers is a necessary measure to curb acts of indiscipline within the legal profession.

His words; “The judgment didn’t come as a surprise to me. One of the judgments the court relied on in reaching its decision was handled by me as Counsel to Dr. Jonathan. My only interest in the matter is the award of N20m cost against the Plaintiff. In my opinion, the cost should have been against the Lawyer who filed the case. Cost against Lawyers is necessary to stop this act of indiscipline by some Lawyers”, he averred.

With the ruling, legal and political analysts believe the debate surrounding Jonathan’s eligibility has been firmly laid to rest, paving the way for his potential participation in future presidential races should he choose to run.