The Peoples Democratic Party (PDP) has instituted a mammoth lawsuit directing the Independent National Electoral Commission (INEC) to bar the presidential candidate of the All Progressives Congress, Bola Tinubu; and the presidential candidate of Labour Party, Peter Obi, from replacing their running mates.
The opposition party in the suit number marked FHC/ABJ/CS/1016/2022, prayed to the court to grant an order compelling INEC not to recognise Kashim Shettima and Senator Datti Baba-Ahmed as the running mates of Tinubu and Obi respectively.
The PDP is also asking the court to declare that Tinubu and Obi be disqualified unless they contest alongside their previous running mates — placeholders– Kabiru Masari and Doyin Okupe respectively.
The New Diplomat had reported that Tinubu had chose Masari as a placeholder for the position of the Vice-Presidential candidate. The move was to allow him beat stipulated time frame given by INEC.
However, days ago Masari resigned the nomination, to pave way for the appointment of Shettima as the substantive running mate of Tinubu.
In an originating suit, the PDP asked the court to determine if by the combined interpretation of Section 142(1) of the constitution, Section 29(1), 31 and 33 of the Electoral Act 2022, and INEC’s timetable, Tinubu and Obi are bound by the submission of Masari and Okupe respectively as their initial running mates.
Those listed as first to seventh respondents in the case are INEC, APC, Tinubu, Masari, Labour Party, Obi and Okupe.
The party also asked the court to determine if “by the combined interpretation of Section 142(1) of the Constitution of the Federal Republic of Nigeria, Sections 29(1), 31, 33 of the Electoral Act 2022, the first defendant (INEC) can validly accept any change or substitution of the 4th (Masari) and 7th (Okupe) defendants as running mates of the 3rd (APC) and 6th (Labour Party) defendants.”
The PDP is also seeking five reliefs including a declaration that by the combined interpretation of Section 142(1) of the constitution, Section 29(1), 31 and 33 of the Electoral Act 2022 and INEC’s timetable, both Tinubu and Obi must be bound by their submission.
The party asked the court to rule that both Tinubu and Obi will be disqualified the moment they substitute the names of their running mates.
One of the reliefs reads, “A declaration that by the combined interpretation of Section 142(1) of the Constitution of the Federal Republic of Nigeria 1999 (as amended), Sections 29(1), 31, 33 of the Electoral Act 2022, the 1st defendant’s (INEC’s) election timetable, the 3rd (Tinubu) and 6th (Obi) cannot validly contest the 2023 Presidential election without the 4th (Masari) and 7th (Obi) respondents as their respective running mates.”
The PDP also based its argument on the fact that the term ‘placeholder’ is unknown to Nigerian law.
“The Electoral Act makes no provisions whatsoever for placeholder or temporary running mates. The acts of the 2nd (APC), 3rd (Tinubu), 5th (Labour Party ) and 6th (Obi) defendants in nominating and forwarding the names of the 4th (Masari) and 7th (Okupe) defendants as running mates for the 2023 Presidential elections is valid and subsisting,” the party added.
