The Supreme Court has fixed May 26, 2023, three days to the planned swearing in of Senators Bola Tinubu and Kashim Shettima as President and Vice President to deliver judgment in an appeal brought before it by the Peoples Democratic Party (PDP) against the candidature of both men.
Led by Justice John Okoro, the 5-member panel, fixed the date on Monday after all parties adopted and argued their briefs in the matter.
The suit which began its journey at the Federal High Court had the main opposition Peoples Democratic Party (PDP), on July 28, 2022, claiming 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.
It argued that Senator Shettima’s nomination to contest the position of vice-president and Borno central senatorial seat — at the same time — contravened the law.
The party sought an order disqualifying the APC, Tinubu, and Shettima from contesting the presidential election, also sought an order nullifying their candidacies. But the PDP lost before Justice Inyang Ekwo.
Recall also that the Court of Appeal in Abuja had dismissed the appeal filed by the PDP seeking the disqualification of Tinubu and Shettima as the presidential and vice-presidential candidates of the APC in the February 25 election.
The PDP urged the appellate court to reverse the January 13 judgment by Justice Inyang Ekwo of the Federal High Court, Abuja which dismissed its suit on the grounds that the PDP lacked locus standi to have instituted the suit.
The three-member panel of Justices of the Court of Appeal held in the unanimous judgment that the PDP failed to establish its locus standi to institute the legal action.
Justice James Abundaga, agreed with the submissions of lawyers to the respondents that the PDP is a busy body, by meddling in the internal affairs of the APC.
Backing the Federal High Court, the appeal court held: “The appellant, having failed to disclose its locus standi, this appeal fails and it is hereby dismissed”.
At the apex court, APC’s counsel, Mr Babatunde Ogala (SAN), asked the court to strike out the case since the 180 days stipulated by law to hear the case had lapsed.
PDP’s counsel argued otherwise, insisting that the issue of 180 days does not apply because the matter of double nomination was purely an illegality and because illegality cannot stand, the court has the right to entertain the matter.
He said the apex court will determine whether there was a double nomination.
He further argued that the apex court could rule on the matter adding, “They have done that before, they did it in the case of Nwosu and APC and they will do it again.”
Counsel to the Independent National Electoral Commission (INEC), Mr Adebiyi Adetosoye, like APC’s Ogala sought a dismissal of the PDP appeal.
