Skip to main content

Appeal Court Dismisses PDP’s Suit Against Tinubu, Shettima


The Court of Appeal, Abuja, Friday evening, dismissed an appeal by Peoples Democratic Party (PDP), seeking the disqualification of Bola Tinubu, the presidential candidate of the All Progressives Congress (APC), and his deputy, Kassim Shettima, in the 25 February election.

A three-member panel headed by Justice James Abundaga, in a unanimous judgment, held that the PDP failed to establish that it had a legal basis (locus standi) to institute the case.

The News Agency of Nigeria (NAN) reports that the PDP, in an appeal marked: CA/ABJ/CV/108/2023, had asked the appellate court to reverse the 13 January judgment delivered by Justice Inyang Ekwo of a Federal High Court, Abuja which dismissed its suit on the grounds that the PDP lacked the legal basis to have instituted the suit. While the PDP was the appellant, the Independent National Electoral Commission (INEC), APC, Messrs Tinubu and Shettima were respondents in the appeal.

The PDP had, in the suit filed on 28 July 2022, challenged the validity of the Tinubu/Shettima ticket for the

It argued that Mr 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 Mr Shettima had double nominations.

It claimed that as of the time Mr Shettima was nominated as a vice presidential candidate, he had not resigned nor withdrawn his nomination as candidate for the Borno Central senatorial poll.

The party argued that Mr 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, Mr Tinubu and Mr Shettima from contesting the presidential election scheduled for 25 February equally asked the court for an order nullifying their candidacy.

It further asked 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 legal basis 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. 

Delivering the lead judgment, Justice Abundaga, who agreed with the submissions of lawyers to the respondents, including Thomas Ojo of Lateef Fagbemi and Co, described the PDP as a busy body, who dabbled into issues that were internal affairs of the APC. 

“Justice Abundaga held that the trial court was right to have held that the PDP failed to establish its legal basis.

The appellant, having failed to disclose its locus standi, this appeal fails and it is hereby dismissed,” he said and proceeded to affirm the judgment of the high court. 

The judge also awarded N5 million cost against the appellant’s lawyer, J. O. Olotu. 

Credit: NAN

Comments

Popular posts from this blog

Meet Ibadan's 10 Big Real Estate Players

The real estate sector in Oyo State, especially Ibadan, the capital city, is currently experiencing what could best be described as a mega boom. Thanks to the few investors who saw the vision years back and keyed into it by contributing their quotas to the development of the sector. Kudos also to the Governor Seyi Makinde-led administration in the state for creating an enabling environment (the successive governments couldn't be excused from the success story too). Not only has Makinde's administration created an enabling environment, it has introduced some investors-friendly policies, and as well undertook partnerships that had really helped in bringing about the unprecedented developments in the sector. This has also created room for options for those who are interested in both luxury and low cost estates. Its also explains reasons for the many real estate projects (both completed and ongoing) all over the place. There are developments and construction almost everywhere in Ib

"I Have No Problem With Anybody" - Olodogbo of Odogbo-Ijesha, Tunde Oginni Speaks On The Controversy Surrounding His Traditional Tittle

The name Olatunde Oginni means different things to different people; while some see him as very consistent and a successful businessman, some see him to be too controversial. But from whichever perspective you might like to assess  him from, what you cannot take away from him is, his brain and the never die spirit. Also, the philanthropic side of him. He has been making money right from the younger age; by 24/25, Oginni had has companies and properties here and there. Which gave him a kind of upper hand above his peers and since then he has been giving back to the society in his own little way. Today, Olatunde Oginni sits atop a vibrant business empire which include Tiger Beach Limited, Flogin Natural Resources Limited, Tiger Flo Security, Olatunde Oginni Property and many more. Recently, Oginni shared his experience with Dare Adeniran as per his lifestyle as the Olodogbo of Odogbo-Ijesha. He  opens up on so many interesting issues and the controversy surrounding his tittle ‘’Olodo

On The Rising Profile Of Juju/Miliki Gospel Singer, Dele Gold.

When it comes to special recognition in the Music industry, there’s always a name that can’t be left out due to his prominence in his unique style of music and the consistency that he has trailed along with it. Dele Gold, the talented musician born Dele Agbeyo is unarguably a talent that’s rare to find in the music industry in this part of the world.