Supreme Court dismisses PDP’s suit, affirms Tinubu’s eligibility for presidency
The Supreme Court, has affirmed the eligibility of the President-elect, Asiwaju Bola Tinubu, to contest the presidential election that held on February 25.
The apex court, in a unanimous decision by a five-member panel, on Friday, held that an appeal the opposition Peoples Democratic Party, PDP, filed to challenge the legality of Tinubu’s candidacy, lacked merit.
It told the court that Shettima was nominated twice, both for the Borno Central Senatorial seat and for the Vice Presidential position.
PDP argued that Shettima’s dual nomination, was in gross breach of the provisions of Sections 29(1), 33, 35 and 84(1) and (2) of the Electoral Act, 2022, as amended.
Consequently, aside from praying the court to nullify Tinubu and Shettima’s candidacy, the Appellant equally applied for an order to compel the Independent National Electoral Commission, INEC, to expunge their names from the list of nominated or sponsored candidates that were eligible to contest the presidential poll.
Meanwhile, the apex court, in its lead judgement that was delivered by Justice Adamu Jauro, held that PDP lacked the locus standi (legal right) to interfere in affairs of the ruling All Progressives Congress, APC, which nominated both Tinubu and Shettima for the presidential election.
The apex court upheld the concurrent decisions of the Court of Appeal and the Federal High Court in Abuja, which earlier dismissed PDP’s case.
It agreed with the respondents that section 285 (14) (c ) of the 1999 Constitution, as amended, and section 149 of the Electoral Act, 2022, did not confer the locus standi (legal right) to challenge the candidature of Shettima on the ground of double nomination.
The apex court held that section 84 of the Electoral Act only empowered an aspirant that participated in the primary election of a political party, to challenge the nomination of a candidate by the party.
It held that the PDP failed to establish the injury it suffered as a result of the nomination by the APC, stressing that the law does not permit a political party to dabble in domestic affair of another political party.
