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Akinwande Soji-Ojo
The Court of Appeal sitting in Abuja has dismissed an appeal filed by the Peoples Democratic Party (PDP), seeking the disqualification of the president-elect, Asiwaju Bola Tinubu, and vice president-elect, Sen Kashim Shettima,as candidates of the All Progressives Congress (APC) in the February 25 election.
A three-member panel headed by Justice James Abundaga, in a unanimous judgement delivered on Friday evening, held that the PDP failed to establish that it had a legal basis (locus standi) to institute the case.
PDP had in an appeal asked the appellate court to reverse the January 13 judgement delivered by Justice Inyang Ekwo of a Federal High Court, Abuja, which dismissed the suit on the grounds that the opposition party lacked the legal basis to have instituted the suit.
While the PDP was the appellant, the Independent National Electoral Commission (INEC), APC, Tinubu and Shettima were respondents in the appeal.
The PDP had, in the suit filed on July 28, 2022, challenged the validity of the Tinubu/Shettima ticket for the 2023 presidential election.
It argued that 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 the vice president-elect had double nominations.
It claimed that as of the time Shettima was nominated as a vice presidential candidate, he had not resigned nor withdrawn his nomination as candidate for the Borno Central senatorial election.
The party argued that 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 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 judgement, Justice Abundaga, who agreed with the submissions of lawyers to the respondents, described PDP as a busy body, who dabbled into issues that were internal affairs of the APC.
The judge 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.
The judge also awarded N5 million cost against the appellant.
