Appeal Court dismisses PDP’s suit against Tinubu, Shettima’s nomination as APC’s candidates

The Peoples Democratic Party (PDP) has lost its appeal seeking the disqualification of the Bola Tinubu-Kashim Shettima ticket of the All Progressives Congress (APC) for the 25 February election.

The party had urged the Court of Appeal in Abuja to hold that the APC’s presidential candidate, Mr Tinubu, and his running mate, Kashim Shettima, were not qualified to run for the election.

The PDP anchored its prayer on the grounds of alleged double nomination of Mr Shettima as APC’s vice-presidential candidate and the party’s senatorial candidate for Borno Central in the same election cycle.

The APC went on to win the presidential election, but now faces election petitions filed by some losing parties including the PDP and the Labour Party to challenge the outcome of the election.

The issue of Mr Shettima’s alleged double nominations is also raised in the election petitions.

Delivering judgement on PDP’s pre-election issue which focused on the issue, the appellate court on Friday dismissed the opposition party’s appeal and upheld the validity of the nomination of the two APC candidates.

A three-member panel headed by James Abundaga, in a unanimous judgment, held that the PDP failed to establish that it had the locus standi (the legal right) to institute the case.

Mr Abundaga, who agreed with the submissions of lawyers to the respondents, described the PDP as a busy body, who dabbled into issues that were internal affairs of the APC.

Mr Abundaga held that the trial court was right to have held that the PDP failed to establish its locus standi.

“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 FHC.

The judge also awarded N5 million cost against the appellant’s lawyer, J. O. Olotu.

Background

The News Agency of Nigeria (NAN) reports that the PDP, in an appeal marked: CA/ABJ/CV/108/2023, had prayed the appellate court to reverse the 13 January judgment delivered by Inyang Ekwo of the Federal High Court, Abuja, which dismissed its suit on the grounds that the PDP lacked locus standi 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.

In their suit filed on 28 July 2022, the PDP 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 he had double nominations.

It claimed that as of the time Mr Shettima was nominated as vice-presidential candidate, he had not resigned or withdrawn his nomination as APC’s candidate for 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, Tinubu and Shettima from contesting the presidential election scheduled for 25 February, equally prayed the court for an order nullifying their candidacy.

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It further prayed 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 argued through their lawyers, including Thomas Ojo, of Lateef Fagbemi’s law firm, contended that the plaintiff lacked the locus standi 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.