The Supreme Court has dismissed a suit seeking disqualification of Bola Tinubu and Kashim Shettima as presidential and vice-presidential candidates of the All Progressives Congress (APC).
A five-member panel of the Supreme Court held that the Peoples Democratic Party (PDP) lacked the locus standi to institute the suit.
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.
PDP argued that Shettima’s nomination to contest the position of vice-president and Borno central senatorial seat at the same time contravened the law.
But the Supreme Court said the PDP is not a member of the APC and should not interfere in matters outside its domain.
Adamu Jauro, a member of the panel who delivered the lead judgement, held that the PDP lacked the legal right to file a suit on an internal affair of APC.
“It should be noted that no political party can challenge the nomination of another political party.
“A political party lacks the right to challenge the activities of INEC on account of the nomination of another political party’s candidate.
“No court has the jurisdiction to entertain such a suit by another party,” the court held.
The court said PDP failed to show any harm it suffered because of Mr Shettima’s alleged double nomination.
Agreeing with the Court of Appeal’s earlier judgement dismissing the suit, Mr Jauro said, “I am in complete agreement with the Appeal Court that the PDP lacks the right to file this suit
“The appellant was unable to point to where the lower court determined the substantive issues on its merit.
“It is clear that the suit is statute-barred. Hence this court has no power to delve into the merit of the merit of the suit.”
The judge added: “It is frivolous and bound to fail fraught with manifest malady. It has been a waste of precious time and judicial energy.
“Counsel should do better to advise their clients to desist from suit frivolous matters.
“The appeal is grossly lacking in merit and it is hereby dismissed.”
The court awarded the cost of N2 million against PDP and in favour of the respondents
The judgement came three days ahead of the inauguration of Mr Tinubu as Nigeria’s president.
Outgoing President Muhammadu Buhari had on Thursday conferred Nigeria’s highest national honour, GCFR, on Mr Tinubu preparatory to the president-elect’s inauguration on 29 May. The second highest national honour, GCON, was also conferred on Vice President-elect Kashim Shettima.
