Again PDP Fails To Stop Tinubu, Shettima As President, Vice President Elect

Again,the Peoples Democratic Party (PDP) has failed in its bid to stop 

Asiwaju Bola Ahmed Tinubu and Senator  Kassim Shettima as the presidential and vice-presidential candidates of the All Progressives Congress (APC) in the February 25, 2023 presidential election

The Court of Appeal sitting in Abuja dismissed the party's appeal seeking the disqualification of the APC candidates for the presidential poll and upheld the January 13 judgment by Justice Inyang Ekwo of the Federal High Court, Abuja which dismissed its suit on the grounds that the PDP lacked locus standi to have instituted the suit.

Justice James Abundaga who read the unanimous judgment of a three-member panel  of the appellate court , held that the PDP failed to establish its locus standi.

Justice Abundaga agreed with the submissions of lawyers to the respondents which included 

Independent National Electoral Commission (INEC), the APC, Tinubu and Shettima.

Lawyers to the respondents including Thomas Ojo of Lateef Fagbemi and Co had described PDP as a busy body,  dabbling into issues that are internal affairs of the APC.

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 disclose its locus standi, this appeal fails and it is hereby dismissed,” he said and proceeded to affirm the judgment of the Federal High Court.

Justice Abundaga awarded N5million cost against the appellant’s lawyer, J. O. Olotu.

The PDP had, in the suit filed on July 28, 2022, challenged the validity of the Tinubu/Shettima ticket for the 2023 presidential election, arguing that Shettima’s nomination as the running mate 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 Shettima had double nominations, the PDP argued 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, which sought an order disqualifying the APC, Tinubu and Shettima from contesting the presidential election scheduled for February 25 equally po rayed the court for an order nullifying their candidacy.

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

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

They contended that the plaintiff lacked the locus standi to institute the case, which invariably challenged APC’s decision and its nomination of candidates for the election, which were within the confines of the party’s internal affairs and thus, non-justiciable.