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

The People’s Democratic Party (PDP) has lost its appeal seeking the disqualification of the Tinubu-Kashim Shettima Ball ticket from All Progressive Congress (APC) for the February 25 election.

The party asked the Court of Appeal in Abuja to disqualify the APC presidential candidate, Mr. Tinubu, and his running mate, Kashim Shettima.

PDP anchored a prayer on the grounds of the 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 is now facing an election petition filed by several losing parties including the PDP and the Labor Party to challenge the election results.

The issue of Mr. Shettima’s second nomination was also discussed in the election petition.

Delivering judgment on the PDP’s pre-election issues that focused on the issue, the appeals court on Friday dismissed the opposition party’s appeal and upheld the validity of the nomination of the two APC candidates.

The three-member panel chaired by James Abundaga, in a unanimous decision, stated that the PDP failed to establish that it had locus standi (legal right) to pursue the case.

Mr. Abundaga, who agreed with the submission of the lawyer for the respondent, described the PDP as a busy body, which dabbled into problems that are internal affairs of the APC.

Mr. Abundaga said the court was right that the PDP failed to establish locus standi.

“The petitioner, having failed to declare locus standi, this appeal fails and is dismissed,” he said and affirmed the FHC verdict.

The judge also awarded N5 million in costs to the plaintiff’s lawyer, JO Olotu.

The background

The News Agency of Nigeria (NAN) reports that the PDP, in an appeal marked: CA/ABJ/CV/108/2023, has prayed the appellate court to reverse the January 13 judgment delivered by Mrs. Ekwo of the Federal High Court, Abuja, which rejected its claim because the PDP has no locus standi to make such a claim.

While the PDP is the petitioner, the Independent National Electoral Commission (INEC), APC, Messrs. Tinubu and Shettima are the respondents in the appeal.

In a suit filed on July 28, 2022, the PDP challenged the validity of the Tinubu/Shettima ticket for the 2023 presidential election.

It argued that the nomination of Mr. Shettima as a running mate had violated the provisions of section 29(1), 33, 35 and 841)(2)} of the Elections Act, 2022 (as amended), claiming that he had been nominated twice.

He claimed that when Mr. Shettima was nominated as the vice-presidential candidate, he had not resigned or resigned from his nomination as the APC candidate for the Borno Central senatorial poll.

The party argued that the nomination of Mr. Shettima as the vice-presidential candidate as well as the Borno Central senatorial candidate was against the law.

The PDP, which requested the disqualification of the APC, Tinubu and Shettima from contesting the presidential election scheduled for February 25, equally prayed the court to avoid nullifying their candidacy.

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It further prays the court for an order forcing INEC to remove the name from the list of eligible candidates nominated or sponsored to contest the election.

The defendants, in their preliminary objection, asked the court to dismiss the suit for lack of jurisdiction.

He argued through lawyers, including Thomas Ojo, from the Lateef Fagbemi law firm, insisting that the plaintiff has no locus standi to initiate the case, which has always challenged the decisions of the APC and the nomination of candidates for the election, which is within the boundaries of the internal affairs of the party and thus , unfair.