Appeal Court rules in PDP vs Tinubu, Shettima over alleged double nomination
The Court of Appeal, Abuja, has dismissed an appeal by 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.
A three-member panel chaired by Justice James Abundaga on Friday evening in a unanimous judgement, held that the PDP failed to establish that its had locus standi to institute the case.
NAN reports that the PDP, in an appeal marked, CA/ABJ/CV/108/2023, had prayed to the appellate court to reverse the Jan. 13 judgement delivered by Justice Inyang Ekwo of the Federal High Court, Abuja, which sacked its suit on the grounds that the party lacked locus standi to have instituted the suit.
While the PDP was the appellant, the Independent National Electoral Commission (INEC), Tinubu, Shettima and APC were respondents in the appeal.
The PDP had, in the suit filed last year, challenged the validity of the Tinubu/Shettima ticket for the 2023 presidential election.
It argued that Shettima’s nomination as the running mate was in breach of the provisions of sections 29(1), 33, 35 and 84 [(1) and (2)] of the Electoral Act, 2022 (as amended), insisting that Shettima had double nominations.
The defendants, in their preliminary objection, told the court to sack the suit for want of jurisdiction.
Delivering the lead judgement, Justice Abundaga held that the trial court was right to have held that the PDP failed to establish its locus standi.
“The appellant, having failed to disclose its locus standi, this appeal fails and it is hereby dismissed,” Abundaga said and proceeded to affirm the judgement of the Federal Hight Court.
The judge further awarded five million naira cost against the appellant’s lawyer, J. O. Olotu.