Updated: Court dismisses PDP suit seeking Tinubu, Shettima’s disqualification

The Court of Appeal in Abuja on Friday dismissed a suit filed by the Peoples Democratic Party (PDP) seeking the disqualification of the All Progressives Congress (APC) presidential candidate, Bola Tinubu and Kashim Shettima, his running mate.

The PDP had, in the suit filed on 28 July 2022, challenged the validity of the Tinubu/Shettima ticket for the 2023 presidential election.

The nation’s main opposition camp argued that Shettima’s nomination as the running mate of Tinubu 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 the former Governor of Borno State had double nominations.

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It claimed that as of the time Shettima was nominated as a vice presidential candidate, he had not resigned nor withdrawn his nomination as candidate for the Borno Central senatorial poll.

The party argued further that Shettima’s nomination as a vice-presidential candidate, as well as the candidate for the Borno Central Senatorial seat, contravened the law.

The PDP, in an appeal, marked: CA/ABJ/CV/108/2023, had asked the appellate court to reverse the 13 January judgment delivered by Justice Inyang Ekwo of a Federal High Court, Abuja which dismissed its suit on the grounds that the PDP lacked the legal basis to have instituted the suit.

While the PDP was the appellant, the Independent National Electoral Commission (INEC), APC, Messrs Tinubu and Shettima were respondents in the appeal.

The PDP, which sought an order disqualifying the APC, Tinubu and Shettima from contesting the presidential election scheduled for 25 February, asked the court for an order nullifying their candidacy.

It further asked the court for an order compelling INEC to remove their names from its list of nominated or sponsored candidates eligible to contest the election.

However, a three-member panel headed by Justice James Abundaga, said on Friday in an unanimous judgment, that the PDP failed to establish that it had a legal basis (locus standi) to institute the case.