The Supreme Court on Friday dismissed the appeal by the Peoples Democratic Party (PDP) questioning the eligibility of the president-elect, Mr. Bola Tinubu, winner of the February 25 presidential election
In a unanimous decision, the five-member panel of the court headed by Justice John Okoro held PDP’s case challenging Tinubu’s candidacy was incompetent and lacking in merit because the party lacked the necessary legal authority to initiate the suit in the first place.
Recall that the party had in the appeal marked SC/CV/501/2023, sought Tinubu’s disqualification on the grounds that the APC breached the law when it nominated Shettima as senatorial candidate for Borno Central and as vice presidential candidate
The PDP argued that Shettima’s dual nomination was in gross breach of the provisions of Sections 29(1), 33, 35 and 84(1) and (2) of the Electoral Act, 2022, as amended.
Consequently, aside from praying the court to nullify Tinubu and Shettima’s candidacy, the litigant equally applied for an order to compel the Independent National Electoral Commission (INEC) to expunge their names
In the lead judgement delivered by Justice Adamu Jauro, the court held that the plaintiff lacked the locus standi to interfere in affairs of the ruling All Progressives Congress, (APC), which nominated both Tinubu and Shettima for the presidential election.
The court averred that the PDP not being a member of the ruling APC cannot challenge how the APC produced its candidates for an election.
According to the court, Section 285(14) (c) of the Constitution does not permit a political party to interfere in the internal affairs of another political party.
The apex court also pointed out that the case of Nwosu relied upon by the appellant was not applicable because Nwosu was nominated by two different political parties while in the instant appeal Shettima was nominated by just one political party, the APC.
It described the appeal as the action of “a nosy busy-body and a meddlesome interloper that is peeping into the affairs of its neighbour.”
Besides, the court berated the PDP for filing a frivolous appeal which, according to the court, is capable of exposing the judiciary to public ridicule.
The apex court held that the evidence before it showed that Shettima duly withdrew as the candidate of the APC in the Borno senatorial election on July 6, 2022.
“In whichever angle this appeal is viewed it is frivolous and bound to fail.
“From the trial court, down to this court, it has been a waste of precious judicial time.
“The instant appeal was unnecessary and counsel should do better to advice their client against filing this sort of suit in future,” Jauro said.
While dismissing the suit, the court awarded N2 million damages against the PDP.
Meanwhile, the presidential candidate of the PDP in the election, Mr. Atiku Abubakar, has reacted to the court’s judgement saying the dismissal of the suit would not cause any setback to his quest for justice.
Taking to his verified Twitter handle, Atiku wrote: “The Supreme Court’s dismissal of the case of the @OfficialPDPNig is not a setback to my quest for justice.
“Our legal team are primed to robustly prove that the election of February 25 was fraudulent, did not comply with the constitutional requirements and the electoral guidelines of the Independent National Electoral Commission, @inecnigeria, and that the announced winner was not even qualified to contest the poll.
“The battle for democracy and the enthronement of a new order to spur growth and development in Nigeria is one to which I have committed my all and for which I am not ready to walk away at this point when our nation is at crossroads.
“We know that sooner than later, our esteemed Justices will make the pronouncement that will serve as a befitting requiem for mandate bandits.
He urged his supporters to exercise patience and conduct themselves peaceably as the legal battle continues at the Presidential Election Tribunal Court.
