…Fines PDP N2m
Three days before the May 29th Inaguration, the Supreme Court of Nigeria has dismissed a suit filed by the Peoples Democratic Party (PDP) seeking the disqualification of the President-elect, Asiwaju Bola Ahmed Tinubu and his Vice, Kashim Shettima over double nomination, saying it is not the business of the PDP how the APC chose to run its affairs.
The suit filed by the PDP sought to stop the President-elect from being sworn in as Nigeria’s president on 29 May alleging that the double nomination of Tinubu’s running mate, Shettima, disqualified him from contesting the 2023 elections and nullifies Tinubu’s victory at the polls.
A five-person panel led by Inyang Okoro dismissed the suit unanimously on the grounds that the PDP lacked any say in the matter.
Adamu Jauro, a member of the panel who delivered the lead judgement, held that not been a member of the APC, the PDP lacked the legal right to wade into the internal affairs of the APC.
“It should be noted that no political party can challenge the nomination of another political party.
“A political party lacks the right to challenge the activities of INEC on account of the nomination of another political party’s candidate.
“No court has the jurisdiction to entertain such a suit by another party,” the court held.
The court said PDP failed to show any harm it suffered because of Mr Shettima’s alleged double nomination.
Agreeing with the Court of Appeal’s earlier judgement dismissing the suit, Mr Jauro said, “I am in complete agreement with the Appeal Court that the PDP lacks the right to file this suit
“The appellant was unable to point to where the lower court determined the substantive issues on its merit.
“It is clear that the suit is statute-barred. Hence this court has no power to delve into the merit of the suit.”
The judge added: “It is frivolous and bound to fail, fraught with manifest malady. It has been a waste of precious time and judicial energy.
“Counsel should do better to advise their clients to desist from suit frivolous matters.
“The appeal is grossly lacking in merit and it is hereby dismissed.”
The court awarded the cost of N2 million against PDP and in favour of the respondents.
It would be recalled that Shettima was the APC senatorial candidate for Borno Central Senatorial District at the time he was nominated for the office of vice-presidential candidate.
However, PDP in a suit held that such double nominations of a person for elections to different constituencies in an election cycle breached the provisions of sections 29(1), 33, 35 and 84{1) (2)} of the Electoral Act, 2022.
PDP argued that APC had yet to withdraw Shettima’s senatorial candidature as of the time the party nominated him.
According to the opposition party, such a double nomination invalidated the APC’s presidential ticket and sought an order disqualifying APC and its candidates – Messrs Tinubu and Shettima – from participating in the 2023 presidential election.
