Justice Peter Lifu fixed May 15, 2026, for the next hearing after the plaintiff and his legal representative failed to appear in court.
The judge cautioned that sanctions, including punitive costs, may be imposed if there is another absence without valid explanation.
During Monday’s proceedings, counsel to Jonathan, Chris Uche (SAN), informed the court of the plaintiff’s absence, noting that the case had earlier been adjourned at the plaintiff’s request.
The court then sought clarification from the registrar on whether any official communication had been received explaining the absence of the plaintiff or his counsel, but none was provided.
It was also revealed that the Independent National Electoral Commission (INEC) and the Attorney-General of the Federation had not been served, despite a prior court order issued on May 8.
Jonathan’s counsel, however, urged the court to strike out the suit, arguing that the plaintiff had failed to diligently prosecute the case.
He maintained that even where legal processes had been exchanged, the court still had the authority to dismiss a matter if proper steps were not followed.
Uche further argued that in a case involving public interest and the eligibility of a former president, proper service and attendance were essential for the matter to proceed.
He also noted that INEC and the Attorney-General had neither been served nor filed any response in the suit.
He therefore asked the court to impose costs on the plaintiff for failing to appear without justification.
Justice Lifu, however, granted another opportunity for the matter to proceed and adjourned the case to May 15, 2026, directing that all parties must be properly served before the next hearing.
The judge also stated that the issue of costs would be considered at the next sitting depending on the conduct of the parties.