The Court of Appeal, Abuja, Friday, threw out an appeal by the Peoples Democratic Party (PDP), seeking the nullification of Asiwaju Bola Ahmed Tinubu as the presidential candidate of All Progressives Congress (APC), and his vice, Kashim Shettima, in the presidential election.
The judgment was delivered by a three-member panel headed by Justice James Abundaga, who in its unanimous judgment, held that the PDP fail to establish that it had locus standi to institute the case.
In the appeal marked: CA/ABJ/CV/108/2023, PDP wanted the appellate court to overturn the Jan. 13 judgment delivered by Justice Inyang Ekwo of a Federal High Court, Abuja which dismissed its suit on the grounds that the PDP lacked locus standi 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 claimed 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 Shettima had double nominations.
It pointed out that at the time Shettima was nominated as a vice presidential candidate, he had not resigned or withdrawn his nomination as candidate for Borno Central Senatorial poll.
The party argued that Shettima’s nomination as a vice-presidential candidate as well as the candidate for the Borno Central Senatorial seat was against the law.
The PDP, which sought an order disqualifying the APC, Tinubu and Shettima from contesting the presidential election scheduled for Feb. 25, equally prayed the court for an order nullifying their candidacy.
It further prayed 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 locus standi 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 locus standi.
“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 FHC.
The judge also awarded N5 million cost against the appellant’s lawyer, J. O. Olotu.
