ABUJA– Asiwaju Bola Tinubu, the president-elect, was found to be eligible to run in the February 25 presidential election, according to the Supreme Court.
A five-member panel of the supreme court ruled unanimously on Friday that Tinubu’s opposition Peoples Democratic Party, PDP, appeal to question the legitimacy of his candidacy lacked merit.
The PDP had asked for Tinubu’s disqualification in the appeal with the reference number SC/CV/501/2023 on the grounds that the Vice President-elect, Senator Kashim Shettima, had let himself be nominated for more than one seat before the 2023 general elections.
It informed the court that Shettima received two nominations—one for the Vice Presidential position and the other for the Borno Central Senatorial seat.
The PDP claimed that Shettima’s dual nomination violated Sections 29(1), 33, 35, and 84(1) and (2) of the Electoral Act of 2022, as amended, in flagrant fashion.
As a result, in addition to asking the court to invalidate Tinubu and Shettima’s candidacy, the appellant also requested an order compelling the Independent National Electoral Commission, INEC, to strike their names from the list of candidates who had been nominated or supported and were therefore qualified to run for president.
While this was going on, the Supreme Court ruled that the opposition PDP lacked locus standi (legal authority) to meddle in the affairs of the ruling All Progressives Congress, APC, which nominated both Tinubu and Shettima for the presidency.
The Supreme Court confirmed the concurrent rulings of the Federal High Court in Abuja and the Court of Appeal, which had previously dismissed the PDP’s challenge.
It concurred with the respondents that neither section 149 of the Electoral Act of 2022 nor section 285 (14) (c) of the 1999 Constitution, as amended, provided the locus standi (legal right) to contest Shettima’s candidacy on the grounds of double nomination.
The supreme court ruled that section 84 of the Electoral Act only gave an aspirant the right to contest the party’s nomination of a candidate if they had taken part in the party’s primary election.
It was ruled that the PDP had failed to prove that the APC’s nomination had caused it harm, highlighting the fact that it is against the law for one political party to meddle in the internal affairs of another.
The PDP was unable to demonstrate that its civil rights and obligations were under jeopardy, according to the Supreme Court.
The appeal was referred to as the behavior of “a nosy busy-body and a meddling interloper that is peeping into the affairs of its neighbor,” according to the statement.
Furthermore, the high court chastised the PDP for submitting the appeal, calling it frivolous and likely to make the legal system a laughingstock.
The top court ruled that the evidence presented to it demonstrated that Shettima legally withdrew on July 6, 2022, from consideration as the APC’s candidate for the Borno senatorial election.
“In whichever angle this appeal is veiwed, it is frivolous and bound to fail.
“From the trial court, down to this court, it has been a waste of precious judicial time.
“The instant appeal was unnecessary and counsel should do better to advice their client against filing this sort of suit in future,” Justice Jauro added.
The Supreme Court granted the respondents’ request for N2 million in damages against the PDP while rejecting the appeal.
