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 2023 presidential election.
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It claimed that as of the time Mr Shettima was nominated as a vice presidential candidate, he had not resigned nor withdrawn his nomination as candidate for the Borno Central senatorial poll.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.
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 jusrisdiction.
