Appeal Court Gives Verdict on PDP’s Suit Seeking to Disqualify Tinubu, Shettima

Appeal Court Gives Verdict on PDP’s Suit Seeking to Disqualify Tinubu, Shettima

  • President-elect Bola Tinubu secured another victory at the Court of Appeal in Abuja on Friday, March 24
  • The Peoples Democratic Party (PDP) had asked the appellate court to disqualify Tinubu and the vice president-elect Kashim Shettima, claiming they were not properly nominated
  • However, the court dismissed the suit for lacking in merit and awarded a fine of N5 million against the PDP

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FCT, Abuja - The Court of Appeal in Abuja has dismissed a suit by the Peoples Democratic Party (PDP) seeking to disqualify the president-elect, Bola Tinubu and the vice president-elect, Kashim Shettima, from participating in the February 25 presidential election.

In the unanimous judgement delivered by Justice Danlami Senchi on Friday, March 24, the appellate court dismissed the appeal for lacking merit, Nigerian Tribune reported.

Bola Tinubu/Kashim Shettima/2023 Presidential Election/PDP
The PDP lost another bid to get APC's Bola Tinubu disqualified by the Court of Appeal. Photo credit: Asiwaju Bola Ahmed Tinubu
Source: Facebook

Justice Senchi described the appellant, that is the PDP, as a meddlesome interloper, holding that the court cannot be used to perform illegality.

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He said the PDP failed to disclose that it has the legal right to institute the action.

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“This appeal is of no merit and it is accordingly dismissed," the court ruled and awarded a fine of N5 million against the PDP.

2023 presidency: What is the suit about?

The PDP, whose candidate, Atiku Abubakar, came second in the presidential election had contended that the APC candidate, Tinubu, who was declared the winner of the presidential contest, was legally ineligible to participate in the poll.

The party told the court that the manner the APC and Tinubu nominated Shettima as a Vice Presidential candidate for the election, was in gross breach of the provisions of the Electoral Act, 2022, as amended.

It claimed Shettima was nominated twice, both for the Vice Presidential position, as well as for the Borno Central Senatorial seat, an action it argued contravened the law.

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The PDP had lost the case at the Federal High Court in Abuja before proceeding to the appellate court. Both INEC and APC were equally cited as Respondents in the appeal.

How the APC defended itself against PDP's suit

Legit.ng gathers that Tinubu and Shettima, through their lawyers challenged the competence of the suit and the jurisdiction of the court to entertain it.

They contended that PDP was bereft of the locus standi (legal right) to institute the action against them.

According to them, no portion of the law conferred on the PDP, the right to dabble into the domestic affair of another political party, especially on the issue of the nomination of its candidates for an election.

The Federal High Court upheld the preliminary objection by Tinubu and Shettima and dismissed the suit for lacking in merit.

Court Orders Atiku, Peter Obi to serve petitions on Tinubu

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In another report, Atiku Abubakar and Peter Obi of the PDP) and Labour Party (LP) have been granted permission to serve their petitions on Tinubu, Shettima and Kabir Masari through the APC.

The permission was granted alongside that of the Allied Peoples Movement (APM) by the Presidential Election Petition Court (PEPC).

Legit.ng gathers that the petitioners argued before the tribunal that Tinubu, the president-elect, was avoiding their petitions.

Source: Legit.ng

Authors:
Nurudeen Lawal avatar

Nurudeen Lawal (Head of Politics and Current Affairs Desk) Nurudeen Lawal is an AFP-certified journalist with a wealth of experience spanning over 8 years. He received his B/Arts degree in Literature-in-English from OAU. Lawal is the Head of the Politics/CA Desk at Legit.ng, where he applies his expertise to provide incisive coverage of events. He was named the Political Desk Head of the Year (Nigeria Media Nite-Out Award 2023). He is also a certified fact-checker (Dubawa fellowship, 2020). Contact him at lawal.nurudeen@corp.legit.ng or +2347057737768.