The Court of Appeal in Abuja dismissed, on Friday evening, an appeal by the Peoples Democratic Party (PDP) that sought to disqualify the All Progressives Congress (APC) presidential candidate, Bola Tinubu, and his vice‑presidential running mate, Kashim Shettima, from the February 25 election. A three‑member panel headed by Justice James Abundaga delivered a unanimous judgment, holding that the PDP had failed to establish locus standi to institute the case.
The PDP’s appeal, filed as CA/ABJ/CV/108/2023, asked the appellate court to overturn a January 13 judgment of Justice Inyang Ekwo of the Federal High Court, Abuja. That lower‑court decision had dismissed the PDP’s suit on the same ground—that the party lacked standing. In the appeal, the PDP was the appellant, while the Independent National Electoral Commission (INEC), the APC, Tinubu, and Shettima were respondents.
The original suit, filed on July 28, 2022, challenged the validity of the Tinubu/Shettima ticket for the 2023 presidential election. The PDP argued that Shettima’s nomination as vice‑presidential candidate violated Sections 29(1), 33, 35 and 84(1)(2) of the Electoral Act 2022 (as amended), alleging that he held “double nominations.” Specifically, the party claimed that when Shettima was nominated for vice president, he had not resigned or withdrawn his candidacy for the Borno Central senatorial poll, thereby contravening the law. Consequently, the PDP sought an order disqualifying the APC, Tinubu, and Shettima from contesting the presidential election and asked the court to direct INEC to remove their names from the list of eligible candidates.
In their preliminary objection, the defendants argued that the court lacked jurisdiction because the plaintiff had no standing. They contended that the dispute concerned the APC’s internal affairs—namely, its decision and nomination of candidates—which were non‑justiciable. Justice Abundaga, delivering the lead judgment, agreed with the respondents’ counsel, including Thomas Ojo of Lateef Fagbemi & Co, describing the PDP as a “busy body” meddling in the APC’s internal matters. He affirmed that the trial court was correct in finding the PDP lacked locus standi. “The appellant, having failed to disclose its locus standi, this appeal fails and it is hereby dismissed,” he said, and upheld the Federal High Court’s judgment. The court also ordered a cost of N5 million against the appellant’s lawyer, J. O. Olotu.
Comments are closed for this story.