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Court Of Appeal Rules On PDP’s Suit Against Tinubu, Shettima’s Candidacy, Awards N5million Against Appellant’s Lawyer

Tinubu
March 25, 2023

In a unanimous decision on Friday, a three-member panel led by Justice James Abundaga held that the PDP had failed to establish locus standi to bring the case and hence, held that the appellant did not have the right to commence the action in law. 
 

The Court of Appeal in the Federal Capital Territory, Abuja, has dismissed an appeal suit filed by the Peoples Democratic Party (PDP) seeking the disqualification of Bola Tinubu, the presidential candidate of the All Progressives Congress (APC), and his deputy, Kashim Shettima, in the February 25 election.

In a unanimous decision on Friday, a three-member panel led by Justice James Abundaga held that the PDP had failed to establish locus standi to bring the case and hence, held that the appellant did not have the right to commence the action in law. 

According to reports, the PDP asked the appellate court to overturn the January 13 judgement delivered 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 file the suit.

While the PDP was the appellant, the respondents in the appeal were the Independent National Electoral Commission, INEC, the APC, and Tinubu and Shettima.

The PDP had challenged the Tinubu/Shettima ticket for the 2023 presidential election in a lawsuit filed on July 28, 2022.

It claimed that Shettima's nomination as running mate violated Sections 29(1), 33, 35, and 841(2) of the Electoral Act of 2022 (as amended), claiming that Shettima had double nominations.

It claimed that at the time Shettima was nominated for vice president, he had not resigned or withdrawn his nomination as a candidate for the Borno Central Senatorial election.

The party claimed that Shettima's nomination as a vice presidential candidate as well as a senatorial candidate for Borno Central violated the law.

The PDP, which sought an order barring the APC, Tinubu, and Shettima from running in the presidential election scheduled for February 25, also asked the court to strike down their candidature.

It also asked the court to order INEC to remove their names from its list of nominated or sponsored candidates eligible to run in the election.

In their preliminary objection, the defendants asked the court to dismiss the case for lack of jurisdiction.

They contended that the plaintiff lacked the locus standi 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 locus standi.

“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 FHC.

The judge also awarded N5million cost against the appellant’s lawyer, J.O. Olotu.