The Supreme Court, has dismissed a suit filed by the Peoples Democratic Party (PDP) for the disqualification of President-elect Bola Tinubu and Vice President-elect Kashim Shettima over alleged double nomination.
In a ruling which paved the way for Tinubu and Shettima’s inauguration on May 29, the Supreme Court held that the PDP lacked the locus standi to file the lawsuit.
Adamu Jauro, the Supreme Court Justice who delivered the judgment, noted that the PDP acted as an intrusive interloper and a busybody by filing the suit.
The court further described the PDP’s action as misleading and “sad”.
The apex court awarded a sum of N2 million against the PDP and dismissed the suit for lacking merit.
On May 22, The ICIR reported that the Supreme Court fixed May 26 to deliver judgment in the suit filed by the PDP for the disqualification of Tinubu and Shettima.
The PDP, in the suit filed on July 28, 2022, asked for the disqualification of Tinubu and Shettima from contesting the 2023 presidential election on the grounds that Shettima’s nomination as Tinubu’s running mate amounted to double nomination, in breach of the provisions of Sections 29(1), 33, 35 and 84{1)}(2)} of the Electoral Act, 2022 as amended.
The party argued that Shettima’s nomination to contest the position of vice president and Borno Central senatorial seat breached the law.
An Abuja Federal High Court and the Court of Appeal had earlier dismissed the suit.
The PDP asked the Supreme Court to reverse the Court of Appeal judgment, which held that the party failed to establish its locus standi, noting that Shettima’s disqualification for double nomination could halt the swearing-in of Tinubu as President since they ran a combined ticket.
Lawyer to PDP Joe Agim told the court that the All Progressives Congress (APC) had earlier admitted Shettima’s double nomination at the Court of Appeal.
“There’s a punishment for double nomination,” Agim said.
In its argument, the All Progressives Congress (APC) noted that the PDP lacked the locus standi to file the suit, challenging the political party’s decision and its nomination of candidates for the polls.
The APC argued that the issue of contention concerned the political party’s internal affairs.
The party also noted that after 180 days, it was too late for the PDP to file a case on the subject with the Supreme Court.
However, in its rejoinder, the PDP cited Uche Nwosu’s precedent and contended that the number of days was irrelevant since, as the Supreme Court had previously stated, “time does not run” when considering cases of double nomination.
The PDP requested that the Supreme Court exercise its authority and assume jurisdiction over the case to overturn the lower courts’ earlier rulings and reassess the parties’ arguments.
The PDP claimed that Shettima’s nominations for vice president and Senator are against the terms of the Electoral Act.
The party asserted that Shettima’s Senate nomination had not been withdrawn from the Independent National Electoral Commission (INEC) when he was nominated as Tinubu’s running mate, arguing that running for two posts at once was unlawful.
This is the latest suit seeking to stop Tinubu’s inauguration that will be dismissed by a law court.
