A petition by the Peoples Democratic Party (PDP) asking for Sen. Bola Tinubu, the All Progressives Congress (APCpresidential )’s candidate, and his vice, Kassim Shettima, to be disqualified from running in the election on February 25 was rejected by the Court of Appeal in Abuja on Friday evening.
The PDP failed to demonstrate that it had locus standi to bring the action, according to a unanimous ruling from a three-member panel chaired by Judge James Abundaga.
According to the News Agency of Nigeria (NAN), the PDP asked the appellate court to overturn the January 13 verdict rendered by Judge Inyang Ekwo of a Federal High Court in Abuja, which dismissed its complaint on the grounds that the PDP lacked locus standi to have initiated the claim.
The PDP filed the appeal, while the Independent National Electoral Commission (INEC), the APC, Tinubu, and Shettima filed as respondents.
The PDP contested the legitimacy of the Tinubu/Shettima ticket for the 2023 presidential election in the lawsuit that was filed on July 28, 2022.
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Because Shettima received two nominations, it claimed that Shettima’s selection as the running mate violated the provisions of Sections 29(1), 33, 35, and 84(1)(2) of the Election Act of 2022 (as amended).
It asserted that Shettima had not resigned from or withdrew his nomination as a candidate for the Borno Central Senate election as of the time he was nominated as vice presidential candidate.
The party claimed that it had broken the law by designating Shettima as both a vice presidential candidate and a senatorial contender for Borno Central.
The PDP also asked the court for an order declaring Shettima, Tinubu, and the APC ineligible to run in the presidential election set for February 25.
In addition, it asked the court to issue a directive ordering INEC to strike their names from the list of candidates it has nominated or endorsed who are qualified to run for office.
The defendants requested that the case be dismissed for lack of jurisdiction in their preliminary objection to the court.
They said that the plaintiff lacked locus standi to bring the lawsuit, which always contested the APC’s choice of candidates for the election and decision, both of which fell outside the purview of the party’s internal matters and were thus beyond the purview of the court’s jurisdiction.
In the lead opinion, Judge Abundaga characterised the PDP as a busy entity that dabbled in APC internal matters. Court Abundaga concurred with the arguments made by respondents’ attorneys, notably Thomas Ojo of Lateef Fagbemi and Co.
The trial court made the correct determination that the PDP had not shown its locus standi, according to Judge Abundaga.
After declaring that the appellant had failed to disclose its locus standi, the appeal was rejected and was subsequently dismissed, he went on to support the FHC’s decision.
J. O. Olotu, the appellant’s solicitor, was also given a N5 million cost award by the judge.
