Alex Enumah in Abuja
Justice Inyang Ekwo of the Federal High Court, Abuja, yesterday, dismissed the suit filed by Peoples Democratic Party (PDP) seeking the disqualification of presidential candidate of All Progressives Congress (APC), Asiwaju Bola Tinubu and his vice, Senator Kassim Shettima, from the 2023 general elections.
Justice Ekwo dismissed the suit on the grounds that the PDP lacked locus standi to institute the suit in the first place.
The court which observed that the suit was caught by the principle of issue estoppel, described it as an abuse of court process
The Independent National Electoral Commission (INEC), APC, Tinubu and Shettima were 1st to 4th defendants respectively in the suit marked: FHC/ABJ/CS/1734/2022 and filed on July 28, 2022.
The plaintiff had challenged the validity of Tinubu to participate in the 2023 presidential election on the grounds that Shettima’s nomination as his running mate was in violation of Sections 29(1), 33, 35 and 84{1)}(2)} of the Electoral Act, 2022 (as amended).
The PDP submitted that Shettima’s nomination to contest the position of vice president and Borno Central Senatorial seat contravened the law
The PDP, which sought an order disqualifying the APC, Tinubu and Shettima from contesting the presidential election scheduled for February 25, also sought an order nullifying their candidacy.
The plaintiff prayed the court to order INEC to remove the names of Tinubu and Shetima from its list of nominated or sponsored candidates eligible to contest the presidential election
In their preliminary objection to the suit filed by their lawyers; Lateef Fagbemi, SAN, and argued by Thomas Ojo, the respondents urged the court to dismiss the suit for want of jurisdiction.
They argued that the plaintiff (PDP) lacked the legal right to file the case, which invariably was challenging the political party’s decision and its nomination of candidates for the polls.
They further submitted that such act was an internal affairs of APC which they argued was non-justiciable.
However, Justice Ekwo in his judgement, agreed with the respondents that the PDP had no locus standi to file the matter, adding that where there is no locus, the court has no jurisdiction.
Ekwo held that the matter bordered on the internal affairs of the APC in which the PDP lacked locus to file the case and consequently, dismissed it for constituting an abuse of court’s process.
