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Appeal Court Rules Over PDP Suits Against Tinubu, Shettima

 

The Court of Appeal sitting in Abuja has dismissed an appeal filed by the Peoples Democratic Party (PDP) seeking the disqualification of Bola Tinubu, the presidential candidate of the All Progressives Congress (APC), and his running mate, Kashim Shettima, in the February 25 election.

The opposition PDP had in the case filed on 28 July 2022, condemned the process that brought Tinubu and Shettima together as it impugned the validity of the ticket for the 2023 presidential election.

The party dispute 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 altered), claiming that the former Governor of Borno State had double nominations.

During Shettima’s nomination as a Vice Presidential candidate, he did not withdraw his nomination as candidate for the Borno Central Senatorial election.

The opposition 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.

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

It further asked the court for an order demanding 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, on Friday in a unanimous judgment said that the PDP failed to establish that it had a legal basis to institute the case.

The defendants, in their preliminary objection, urged the court to dismiss the suit for want of jurisdiction.

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