Alex Enumah in Abuja
The Supreme Court will on May 26, decide whether it will nullify the victory of the All Progressives Congress (APC) and its presidential candidate in the February 25 election, Asiwaju Bola Tinubu, over alleged double nomination.
The apex court on Monday, adjourned to the above date to deliver its judgment in the appeal by the Peoples Democratic Party (PDP) shortly after taking submissions from the counsel representing parties in the suit.
Specifically, the PDP is seeking the disqualification of the President-elect, Tinubu and the Vice-President-elect, Senator Kashim Shettima, over alleged double nomination; an act which they say violates the electoral laws.
The appellant anchored its appeal on the claims that the appellate court erred in law when it dismissed its appeal and affirmed the judgment of a trial court which held that the suit was incompetent and lacking in merit.
PDP is claiming that the APC breached the law when it nominated Shettima as the senatorial candidate for Borno Central and as vice-presidential candidate.
At Monday’s proceedings, while APC’s lawyer, Mr Babatunde Ogala (SAN), asked the court to strike out the case on the grounds that it has become statute barred, because the 180 days stipulated by law to hear the suit has elapsed, PDP’s lawyer, Mr Joe Agi (SAN), disagreed.
It is Agi’s position that the issue of 180 days does not apply in respect of double nomination, adding that since the act is purely an illegality, the court has the right to entertain the appeal.
“They have done that before, they did it in the case of Nwosu and APC and they will do it again,” Agim added.
The appellant accordingly urged the apex court to grant the appeal, set aside the concurrent decision of the two lower courts and nullify the election of Tinubu and the vice-president-elect for alleged double nomination.
The PDP had by their appeal marked: CA/ABJ/CV/108/2023, urged the appellate court to reverse the January 13 judgment by Justice Inyang Ekwo of the Federal High Court, Abuja which dismissed its suit on the grounds that the PDP lacked locus standi to have instituted the suit.
The three-member panel of justices of the Court of Appeal, in the lead judgment held that the PDP failed to establish its locus standi in the case.
Justice James Abundaga, who delivered the judgment of the appellate court, had agreed with the respondents that the PDP is a busy body, who dabbled into issues that are internal affairs of the APC.
“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 Federal High Court.
Justice Abundaga awarded N5 million cost against the appellant’s lawyer, J. O. Olotu.
The PDP had, in the suit filed on July 28, 2022, challenged the validity of the Tinubu/Shettima ticket for the 2023 presidential election, arguing 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).
S’Court Decides Tinubu’s Fate on Alleged Double Nomination May 26
Alex Enumah in Abuja
The Supreme Court will on May 26, decide whether it will nullify the victory of the All Progressives Congress (APC) and its presidential candidate in the February 25 election, Asiwaju Bola Tinubu, over alleged double nomination.
The apex court on Monday, adjourned to the above date to deliver its judgment in the appeal by the Peoples Democratic Party (PDP) shortly after taking submissions from the counsel representing parties in the suit.
Specifically, the PDP is seeking the disqualification of the President-elect, Tinubu and the Vice-President-elect, Senator Kashim Shettima, over alleged double nomination; an act which they say violates the electoral laws.
The appellant anchored its appeal on the claims that the appellate court erred in law when it dismissed its appeal and affirmed the judgment of a trial court which held that the suit was incompetent and lacking in merit.
PDP is claiming that the APC breached the law when it nominated Shettima as the senatorial candidate for Borno Central and as vice-presidential candidate.
At Monday’s proceedings, while APC’s lawyer, Mr Babatunde Ogala (SAN), asked the court to strike out the case on the grounds that it has become statute barred, because the 180 days stipulated by law to hear the suit has elapsed, PDP’s lawyer, Mr Joe Agi (SAN), disagreed.
It is Agi’s position that the issue of 180 days does not apply in respect of double nomination, adding that since the act is purely an illegality, the court has the right to entertain the appeal.
“They have done that before, they did it in the case of Nwosu and APC and they will do it again,” Agim added.
The appellant accordingly urged the apex court to grant the appeal, set aside the concurrent decision of the two lower courts and nullify the election of Tinubu and the vice-president-elect for alleged double nomination.
The PDP had by their appeal marked: CA/ABJ/CV/108/2023, urged the appellate court to reverse the January 13 judgment by Justice Inyang Ekwo of the Federal High Court, Abuja which dismissed its suit on the grounds that the PDP lacked locus standi to have instituted the suit.
The three-member panel of justices of the Court of Appeal, in the lead judgment held that the PDP failed to establish its locus standi in the case.
Justice James Abundaga, who delivered the judgment of the appellate court, had agreed with the respondents that the PDP is a busy body, who dabbled into issues that are internal affairs of the APC.
“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 Federal High Court.
Justice Abundaga awarded N5 million cost against the appellant’s lawyer, J. O. Olotu.
The PDP had, in the suit filed on July 28, 2022, challenged the validity of the Tinubu/Shettima ticket for the 2023 presidential election, arguing 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).
