Appeal Court dismisses PDP’s suit seeking disqualification of Tinubu, Shettima
Appeal Court dismisses PDP’s suit against Tinubu, Shettima over alleged double nomination
A three-member panel headed by Justice James Abundaga, in a unanimous judgment, held that the PDP failed to establish that it had a legal basis to institute the case.
ByAgency Report March 25, 2023 Reading Time: 2 mins read
The Court of Appeal, Abuja, Friday evening, dismissed an appeal by Peoples Democratic Party (PDP), seeking the disqualification of Bola Tinubu, the presidential candidate of the All Progressives Congress (APC), and his deputy, Kassim Shettima, in the 25 February election.
A three-member panel headed by Justice James Abundaga, in a unanimous judgment, held that the PDP failed to establish that it had a legal basis (locus standi) to institute the case.
Recall that the PDP, in an appeal marked: CA/ABJ/CV/108/2023, had asked the appellate court to reverse the 13 January judgment delivered by Justice Inyang Ekwo of a Federal High Court, Abuja which dismissed its suit on the grounds that the PDP lacked the legal basis to have instituted the suit.
While the PDP was the appellant, the Independent National Electoral Commission (INEC), APC, Messrs Tinubu and Shettima were respondents in the appeal.
The PDP had, in the suit filed on 28 July 2022, challenged the validity of the Tinubu/Shettima ticket for the 2023 presidential election.
It argued that Mr Shettima’s nomination as the running mate was in breach of the provisions of Sections 29(1), 33, 35 and 84{1)}(2)} of the Electoral Act, 2022 (as amended), claiming that Mr Shettima had double nominations.
It claimed that as of the time Mr Shettima was nominated as a vice presidential candidate, he had not resigned nor withdrawn his nomination as candidate for the Borno Central senatorial poll.
The party argued that Mr Shettima’s nomination as a vice-presidential candidate, as well as the candidate for the Borno Central Senatorial seat, contravened the law.
The PDP, which sought an order disqualifying the APC, Mr Tinubu and Mr Shettima from contesting the presidential election scheduled for 25 February equally asked the court for an order nullifying their candidacy.
It further asked the court for an order compelling INEC to remove their names from its list of nominated or sponsored candidates eligible to contest the election.
The defendants, in their preliminary objection, urged the court to dismiss the suit for want of jurisdiction.
They contended that the plaintiff lacked the legal basis to institute the case, which invariably challenged APC’s decision and its nomination of candidates for the election, which were within the confines of the party’s internal affairs and thus, non-justiciable.
Delivering the lead judgment, Justice Abundaga, who agreed with the submissions of lawyers to the respondents, including Thomas Ojo of Lateef Fagbemi and Co, described the PDP as a busy body, who dabbled into issues that were internal affairs of the APC.
Justice Abundaga held that the trial court was right to have held that the PDP failed to establish its legal basis.
“The appellant, having failed to disclose its locus standi, this appeal fails and it is hereby dismissed,” he said and proceeded to affirm the judgment of the high court.
The judge also awarded N5 million cost against the appellant’s lawyer, J. O. Olotu.
