Court of Appeal dismisses PDP’s appeal challenging nomination of Tinubu, Shettima

• Awards N5M cost in favour of APC

The Court of Appeal, Abuja, Friday, dismissed an appeal filled by the Peoples Democratic Party (PDP) seeking the disqualification of Bola Almed Tinubu, the presidential candidate of the All Progressives Congress (APC), and his running mate, Kassim Shettima, in the February 25 Presidential and National Assembly elections. 

The PDP in the suit filed on July 28, 2022 at the Federal High Court sitting in Abuja had challenged the validity of the Tinubu/Shettima ticket for the 2023 presidential election on the grounds that Shettima’s nomination as the running mate was in breach of the provisions of Sections 29(1), 33, 35 and 84{1)}(2)} of the Electoral Act, 2022 (as amended), claiming that Shettima had double nominations in two consistencies as Senator Borno Central District and as Vice Presidential Candidate of the APC.

The Federal High in the judgment delivered on January 13, 2023, however, dismissed the suit for lacking in merit, saying that the plaintiff had no locus standi to file the action not being an aspirant who partook in the primaries of the APC. 

Dissatisfied by the decision, the PDP approached the Court of Appeal asking for the reversal of the judgment delivered by Justice Inyang Ekwo which dismissed its suit on the grounds that it lacked the legal basis to have instituted the suit.

In a considered judgment, delivered on the 24th Day of March, 2023, the Court of Appeal, delivered its’ judgment, declaring that “the Appellant lacked the locus standi to institute, maintain or to demand the reliefs sought at the Court of Appeal not being an Aspirant in the Primaries of the 2nd Respondent and that Section 285(14) (c) of the 1999 Constitution does not grant the Appellant Locus to challenge the primaries and indeed the nominations of the 2nd Respondent.

It further held that “the Appellant lacks the Locus standi to institute this Appeal, the appeal is bereft of merit and is hereby dismissed. The Judgment of Ekwo J of the Federal High Court Abuja is hereby affirmed. Cost of N5,000,000.00 (Five Million Naira Only) is awarded in favor of the Respondents each against the Appellant to be paid personally by counsel to the Appellant, James Olotu Esq.

“On the Merits of the case, the Court of Appeal held thus; Having held that the Appellant lack the Locus standi to institute this Appeal, the Appellant have failed to cross the threshold requiring Judicial adjudication. The Appeal is dismissed accordingly.”