The Supreme Court has dismissed the suit filed 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) in the February 25 election.
A five-member panel of the court held yesterday that the PDP lacked the locus standi to institute the suit.
The panel said the PDP is not a member of the APC.
The PDP had 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 opposition 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.
Despite the clearing of legal impediment at the apex court, the Federal High Court, Abuja Division is currently entertaining another suit brought before it, seeking to stall the said inauguration fixed for May 29, 2023.
Not leaving anything to chance, the legal team of the President elect led by Prince Lateef Fagbemi (SAN) split itself in two to enable it representation at the apex court and the Federal High Court.
Specifically, the team leader, Prince Fagbemi (SAN) is at the Federal High Court, where he is canvassing legal arguments to ensure that the inauguration of his client is not stalled by the court, while some of his juniors including Barr. Omosanya Popoola are at the apex court to take the judgement.
Delivering its judgement, the apex court held that the PDP’s suit praying disqualification of Tinubu and Shetima on ground of alleged double nomination by Shetima was grossly lacking in merit and dismissed it.
Justice Adamu Jauro who delivered the lead judgment slammed a fine of N2M on PDP for poke nosing into the internal affairs of the All Progressives Congress in the conduct of its primary elections and nomination of its candidates.
Justice agreed with Tinubu’s lawyer, Prince Lateef Fagbemi (SAN) that PDP acted as busy body and meddlesome interloper in the ways and manners it dabbled into APC’S affairs unjustly.
The apex court held that apart from the fact that PDP lacked requisite jurisdiction to institute the suit, the party also failed to provide scintilla of evidence that Shetima engaged in double nomination.
The claim of PDP’ on the alleged double nomination of the vice president-elect was described as most unfortunate and a clear deliberate mischief to mislead the court and the country.
The Supreme Court also agreed with lawyer Fagbemi (SAN) that no matter the pains of PDP on how APC conducted its primary election and nominated its candidates, PDP must remain onlooker.
“It is abundantly clear that the Appellant (PDP) in the totality of its position in the instant case, is peeping and poke nosing into the affairs of another party as a busy body and meddlesome interloper”
The court held that the action of PDP was painful because it used the social media to set a booby trap for the Supreme Court to blackmail it. This is most unfortunate, unwarranted and uncalled for.
Meanwhile, the presidential candidate of the People’s Democratic Party, PDP, Atiku Abubakar yesterday said the dismissal of his party’s suit at the Supreme Court is not a setback for his quest for justice.
Atiku stated this in a statement via his verified Twitter handle yesterday.
The former Vice President said, “The Supreme Court’s dismissal of the case of the @OfficialPDPNig is not a setback to my quest for justice.
“Our legal team ise primed to robustly prove that the election of February 25 was fraudulent, did not comply with the constitutional requirements and the electoral guidelines of the Independent National Electoral Commission, @inecnigeria, and that the announced winner was not even qualified to contest the poll.
“The battle for democracy and the enthronement of a new order to spur growth and development in Nigeria is one to which I have committed my all and for which I am not ready to walk away at this point when our nation is at crossroads.
“We know that sooner than later, our esteemed Justices will make the pronouncement that will serve as a befitting requiem for mandate bandits,” he said.
Atiku urged his supporters to exercise patience and conduct themselves peaceably as they conduct the litigation at the Presidential Election Tribunal Court.
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