‘Double nomination’: Appeal court dismisses PDP’s suit against Tinubu, Shettima

The court of appeal in Abuja has dismissed an appeal by the Peoples Democratic Party (PDP) seeking the disqualification of Bola Tinubu and Kashim Shettima as presidential and vice-presidential candidates of the All Progressives Congress (APC).

The PDP, in the suit filed on July 28, 2022, claimed that Shettima’s nomination as Tinubu’s running mate was in breach of the provisions of sections 29(1), 33, 35, and 84(1)(2) of the Electoral Act, 2022.

The party argued that Shettima’s nomination to contest the position of vice-president and Borno central senatorial seat — at the same time — contravened the law.

The PDP, which sought an order disqualifying the APC, Tinubu, and Shettima from contesting the presidential election, also sought an order nullifying their candidacy.

However, Inyang Ekwo, the trial judge, dismissed the suit on the grounds that the PDP lacked the locus standi to institute the suit.

Not satisfied, the PDP appealed the judgment.

Delivering judgment in the appeal on Friday, a three-member panel of the court of appeal led by James Abundaga held that the PDP failed to establish that it had locus standi to institute the case.

Abundaga described the PDP as a “busybody”, who dabbled into issues that were internal affairs of the APC.

“The appellant, having failed to disclose its locus standi, this appeal fails and it is hereby dismissed,” he said.

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

Tinubu was declared the winner of the presidential election held on February 25.

In his petition challenging Tinubu’s victory, Peter Obi, presidential candidate of the Labour Party (LP), also cited Shettima’s nomination for two separate positions.