The Federal High Court sitting in Abuja has dismissed a suit seeking to disqualify the presidential candidates of the Labour Party (LP) and All Progressives Congress (APC), Mr Peter Obi and Senator Bola Tinubu respectively, from participating in the 2023 presidential election.
The Peoples Democratic Party (PDP) had approached the court seeking for their disqualification, adding that both Obi and Tinubu breached some sections of the Electoral Act, 2022.
It told the court that contrary to provisions of the electoral law, both Obi and Tinubu failed to nominate their running mates in due time, choosing rather to temporarily hand over their vice-presidential tickets to placeholders.
The main opposition party told the court that while Obi chose Dr Doyin Okupe as the placeholder for his vice-presidential post, the candidate of the APC, Tinubu, submitted the name of Alhaji Kabiru Masari as the placeholder for his party’s vice-presidential candidate.
The PDP in the suit marked FHC/ABJ/CS/1016/2022, however, argued that the Electoral Act, 2022, did not make provision for a “placeholder” or temporary running mate.
It further contended that the subsequent resignation, withdrawal or substitution of Okupe and Masari, by both the LP and the APC, were illegal and unconstitutional.
PDP maintained that Obi and Tinubu could only qualify to contest the 2023 presidential election with Okupe and Masari, as their respective running mate.
The party submitted that the Independent National Electoral Commission (INEC) lacks the power to accept any withdrawal or substitution of both Okupe and Masari, without the LP and the APC conducting fresh primaries to substitute Obi and Tinubu.
Ruling on the case on Monday, the presiding judge, Justice Donatus Okorowo, dismissed the application and described it as lacking in merit.
The court held that the suit “is hereby dismissed”.
