Court dismisses PDP’s suit against Tinubu, Shettima over double nomination

[files] L – R: Shettima and Tinubu. Photo/facebook/dabiodunmfr

The Court of Appeal sitting in Abuja, on Friday, dismissed the suit filed by the Peoples Democratic Party (PDP) against the All Progressives Congress (APC) and its presidential candidate, Asiwaju Bola Ahmed Tinubu over alleged double nomination of Kassim Shettima.

The court dismissed the suit for lack of locus standi to institute the appeal. The three-man panel headed by Justice James Abundaga, in a unanimous judgment, held that the PDP failed to establish that its locus standi to institute the case.

The court held that “the appellant lacks the locus standi to institute this appeal. The appeal is bereft of merit and is, hereby, dismissed.” The appellant, in its Notice of Appeal dated January 26, 2023, with Appeal No CA/ABJ/108/2023 challenged the validity of the Tinubu/Shettima ticket for the February 25, 2023 presidential election

The appellants relied on Section 285(14(c) of the 1999 Constitution for locus and prayed the Court of Appeal to interpret Section 35 of the Electoral Act 2022 on double nominations vis-à-vis the case of the appellant at the trial court.

The appellant sought for an order, invoking Section 15 of the Court of Appeal Act, 2021 to hear and determine the substance of the suit.

The appellant had been a plaintiff at lower court in a suit marked number FHC/ABJ/CS/1734/2022 had asked the court for a declaration that by the provisions of Section 35 of the Electoral Act 2022, the fourth respondent (Kassim Shettima) should be disqualified from participating in the February 25, 2023 Presidential Election, having knowingly allowed himself to be nominated in two constituencies as Senator Borno Central District, and as Vice presidential candidate of the second respondent.

Aside APC and Tinubu, other respondents in the suit were the Independent National Electoral Commission (INEC) and Kasshim Shettima as first to fourth respondents in the suit.

On January 13, Justice Inyang Ekwo of a Federal High Court sitting in Abuja had, in a judgment, held the argument canvassed by the respondents’ counsel, Mr. Babatunde Ogala (SAN), asked court to dismiss the suit for lacking in merit.

Ogala had argued that the PDP had no locus standi to file the action not being an aspirant, who partook in the APC primaries, as mandated by Section 29(5) of the Electoral Act,2022.

The court held that the plaintiff (PDP) are not aspirants in the primaries of the second respondent (APC) lacked locus standi and being a threshold issue, the court dismissed the suit as lacking in merit.

Justice Ekwo further held that the reliance on the provisions of Section 285(14)(c) of the 1999 Constitution would not aval the plaintiff as it is meant for political parties to file actions against INEC with respect to its’ own candidates and not another political party’s candidates.

However, dissatisfied by the decision of the lower court, the plaintiff (PDP) filed appealed to challenged the judgement. The appellants relied on Section 285(14(c) of the 1999 Constitution for locus and that the Court of Appeal to interpret Section 35 of the Electoral Act 2022 on double nominations vis-à-vis the case of the appellant at the trial court.

The appellant sought for an order, invoking Section 15 of the Court of Appeal Act, 2021 to hear and determine the substance of the suit. However, the three-man panel of Justices on the March 24, 2023 upheld the judgment delivered by Justice Ekwo.

The Court of Appeal upheld the arguments filed by Ogala (SAN), that the appellant lacked the locus standi to institute, maintain or to demand the reliefs sought at the Court of Appeal not being an aspirant in the primaries of the second respondent.

The Appeal court further held that Section 285(14) (c) of the 1999 Constitution does not grant the appellant locus to challenge the primaries and indeed the nominations of the 2nd respondent.

“Having held that the appellant lacks the Locus standi to institute this appeal, the appeal is bereft of merit and is hereby dismissed. The judgment of Ekwo of the Federal High Court Abuja is hereby affirmed.”

The court also awarded the cost of N5m in favour of the respondents each, against the appellant to be paid personally by counsel to the appellant, James Olotu Esq.