Appeal Court dismisses Tinubu and Shettima’s PDP lawsuit

Friday night, the Court of Appeal in Abuja rejected an appeal by the Peoples Democratic Party that sought to have Bola Tinubu of the All Progressives Congress and Kashim Shettima, who was Tinubu’s running mate, disqualified from the election on February 25.

The PDP failed to prove that it had locus standi to bring the action, according to a unanimous ruling from a three-member panel led by Justice James Abundaga.

According to the News Agency of Nigeria, the PDP asked the appellate court to overturn the January 13 judgment rendered by Justice Inyang Ekwo of a Federal High Court in Abuja, which dismissed its suit on the grounds that the PDP lacked locus standi to have instituted the suit. The appeal was filed under the case number CA/ABJ/CV/108/2023.

The Independent National Electoral Commission, the APC, Tinubu, and Shettima were respondents in the appeal, with the PDP serving as the appellant.

The Tinubu/Shettima ticket for the 2023 presidential election was contested by the PDP in the lawsuit that was filed on July 28, 2022.

It claimed that Shettima received two nominations and that this violated Sections 29(1), 33, 35, and 84(1)(2) of the Electoral Act of 2022 (as amended) by nominating her as the running mate.

It stated that Shettima had neither resigned or withdrew his nomination as a candidate for the Borno Central Senatorial election at the time he was nominated as a vice presidential candidate.

Shettima’s candidacy as a vice presidential candidate and as a senatorial contender for Borno Central, according to the party, was illegal.

It also asked the court to issue an order directing INEC to strike their names from the list of candidates it had nominated or supported and who were qualified to run for office.

The defendants requested that the case be dismissed for lack of jurisdiction in their preliminary objection to the court.

They said that the plaintiff lacked locus standi to bring the lawsuit, which always contested the APC’s choice of candidates for the election and decision, both of which fell under the purview of the party’s internal matters and were therefore outside the purview of the court’s jurisdiction.

In the lead opinion, Justice Abundaga characterised the PDP as a busy entity that dabbled in APC internal affairs. Justice Abundaga concurred with the arguments made by respondents’ attorneys, notably Thomas Ojo of Lateef Fagbemi and Co.

The trial court’s determination that the PDP had failed to prove its locus standi was correct, according to Justice Abundaga.

He then went on to support the FHC’s decision by stating, “The appellant, having failed to disclose its locus standi, this appeal fails and is hereby dismissed.”

The judge also fined J. O. Olotu, the appellant’s attorney, N5 million in costs.