https://thestreetjournal.org/supreme-court-dismisses-suit-filed-by-pdp-against-tinubu-shettima-over-double-nomination/

The supreme court has dismissed the suit seeking the disqualification of Bola Tinubu and Kashim Shettima as presidential and vice-presidential candidates of the All Progressives Congress (APC).

A five-member panel of the supreme court, led by Justice Adamu Jauro, on Friday, May 26, held that the Peoples Democratic Party (PDP) lacked the locus standi to institute the suit.

Justice Jauro noted that the main opposition party acted as meddlesome interloper and a busy body in the case.

The judge held that Shettima was not guilty of double nomination because there was evidence that he resigned as a senatorial candidate on April 6, 2022, before he was nominated as vice presidential candidate of the ruling party on April 14, 2022.

He held that the main opposition party cannot challenge the process the APC adopted in nominating its candidates.

The judge also held that section 285(14)(c) of the constitution, which the PDP relied on in bringing the case did not clothe it with the right to challenge INEC decisions and activities in relation to other political parties.

Justice Jauro, while ruling on the PDP’s request that it hears the case on the merit, said that since the 180 days within which the trial court could have heard the case and the 60 days for the court of appeal have elapsed, the court no longer has the jurisdiction to consider the case.

It is pertinent to note that the PDP had filed a suit against Tinubu and APC, claiming that Shettima’s nomination as Tinubu’s running mate was in breach of the provisions of sections 29(1), 33, 35, and 84(1)(2) of the Electoral Act, 2022.

The opposition party argued that Shettima’s nomination to contest the position of vice-president and Borno central senatorial seat, at the same time, contravened the law.

The PDP further asked the court for an order compelling the Independent National Electoral Commission (INEC) to remove the names of Tinubu and Shettima from its list of nominated or sponsored candidates eligible to contest the election

However, the court of appeal, on March 24, dismissed the suit.

A three-member panel of the court, led by Justice James Abundaga, in an unanimous judgment, held that the PDP has no legal basis (locus standi) to institute the case.