May 26, 2023
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BREAKING: Atiku Loses As Supreme Court Dismisses PDP’s Suit Against Against Bola Tinubu And Shettima Ticket
The Supreme Court has dismissed the suit seeking the disqualification of Asiwaju Bola Tinubu and Senator Kashim Shettima as presidential and vice-presidential candidates of the All Progressives Congress (APC).
A five-member panel of the Supreme Court ruled on Friday that the Peoples Democratic Party (PDP) lacked the locus standi to institute the suit.
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The PDP claimed 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.
Lawyers to the appellant, Joe Agim (SAN) prayed the court to allow the appeal and set aside the judgment of the Court of Appeal, which earlier affirmed the judgment by Justice Inyang Ekwo of the Federal High Court, where he queried the right of the PDP to question the candidate nomination process another party.
Lawyers to the respondents – the Independent National Electoral Commission (INEC), Tinubu, Shettma and the APC – prayed the court to reject the appeal and affirm the concurrent findings of the two court below.
Babatunde Ogala (SAN), who appeared for the APC, urged the court to strike out the case since the 180 days allowed by the law to hear a pre-election case has elapsed.
The PDP had, in the suit filed on July 28, 2022, before the Federal High Court, Abuja, challenged the validity of the Tinubu/Shettima ticket for the 2023 presidential election.
The party argued among others, 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 (as amended).
It claimed that Shettima had double nominations and argued that Shettima’s nomination as a vice-presidential candidate as well as the candidate for the Borno Central Senatorial seat, contravened the law
Justice Ekwo, in a Judgment on January 13 dismissed the suit on the grounds that the PDP was without the requisite locus standi to instituted the action