Kunle Awosiyan
The Court of Appeal sitting in Abuja has dismissed an appeal by Peoples Democratic Party (PDP), seeking the disqualification of Bola Tinubu, the presidential candidate of the All Progressives Congress (APC), and his deputy, Kassim Shettima, in the 25 February election.
A three-member panel headed by Justice James Abundaga, in a unanimous judgment, held that the PDP failed to establish that it had a legal basis (locus standi) to institute the case.
Recall that the Federal High Court sitting in Abuja per Honourable Justice Ekwo Inyang on the 13th of January, 2023 dismissed a suit filed by Peoples’ Democratic Party, against the All-Progressives Congress & Senator Bola Ahmed Tinubu in FHC/ABJ/CS/1734/2022. Other parties sued are; Kasshim Shettima, and the Independent National Electoral Commission. The suit which prayed the Court for reliefs as follows:
- A DECLARATION of the Honorable Court that by the provisions of Section 35 of the Electoral Act 2022, the 4th Respondent is disqualified from participating in the February 25th ,2023 Presidential Election having knowingly allowed himself to be nominated in two consistencies as Senator Borno Central District and as Vice Presidential Candidate of the 2nd Respondent.
- A DECLARATION that the nominations of the 3rd and 4th Respondents as Presidential and Vice-Presidential candidates of the 2nd Respondent is void having regards to the double nominations of the 4th Respondent.
iii. AN ORDER disqualifying the 3rd and 4th Defendants from contesting or participating in the forthcoming 2023 Presidential General Election as a candidate of the 2nd Defendant
- AN ORDER directing the 1st Respondent to strike off the names of the 3rd AND 4th Respondents as candidates of the 2nd Respondent eligible to contest for the Presidential Election slated for February 25th 2023.
- AN injunction restraining the 3rd and 4th Respondent from further representing themselves as candidates of the 2nd Respondent for the Presidential Election slated for 23rd February, 2023.
- AN Order restraining the 2nd Respondent from further nominating candidates for the Presidential Election scheduled for the 25th of February, 2023.
vii. AND FOR such orders as the Honorable Court may deem fit to make as consequential to the reliefs sought by the Plaintiffs in this suit.
However in an appeal marked: CA/ABJ/CV/108/2023, the PDP had asked the appellate court to reverse the 13 January judgment delivered by Justice Inyang Ekwo of a Federal High Court, Abuja which dismissed its suit on the grounds that it lacked the legal basis to have instituted the suit.
The PDP had, in the suit filed on 28 July 2022, 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 Mr Shettima had double nominations.
It claimed that as of the time Mr Shettima was nominated as a vice presidential candidate, he had not resigned nor withdrawn his nomination as candidate for the 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, Mr Tinubu and Mr Shettima from contesting the presidential election scheduled for 25 February 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 the lead judgment, Justice Abundaga, who agreed with the submissions of lawyers to the respondents, including Thomas Ojo of Lateef Fagbemi and Co, described the PDP as a busy body, who dabbled into issues that were internal affairs of the APC.
Justice Abundaga 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 and proceeded to affirm the judgment of the high court.
The judge also awarded N5 million cost against the appellant’s lawyer, J. O. Olotu.
