The Supreme Court has dismissed the People’s Democratic Party’s application for the disqualification of the President-elect, Bola Tinubu and the Vice President-elect, Kashim Shettima, over the latter’s alleged double nomination in the 2023 general election.
The five-man panel of the apex court led by Inyang Okoro gave the judgment on Friday.
The PDP lawyer, J. Agi SAN, had accused Shettima of violating provisions of the Electoral Act by accepting to be vice-presidential candidate to Tinubu while he was senatorial candidate of the All Progressives Congress for Borno Central.
The PDP legal team urged the apex court to declare that contesting election in two constituencies contravenes the law which should result in the disqualification of Tinubu and Shettima.
The Independent National Electoral Commission, APC, Bola Tinubu and Kashim Shettima were listed as respondents in the case.
But the respondents urged the justices to dismiss the application for being statute-barred (filed out of time) and an abuse of court.
But the PDP argued that having contested the 2023 presidential election, it had the right to challenge APC’s primary election.
INEC maintained that PDP cannot cage an electoral umpire on how a political party conducts its internal affairs.
Justice Inyang Ekwo of the Federal High Court had dismissed it, saying the PDP had no legal right (lacked locus standi) to institute such application against the APC.
Dissatisfied, the PDP went to the Court of Appeal but the appellate court on March 23, affirmed the decision of the court below, describing PDP as a “busybody”.
Passing its final verdict on the matter on Friday, Justice Adamu Jairo held that for one to have legal right to institute action against another political party, it must be able to demonstrate that its right has been infringed by the actions of the respondent.
The judge held that the 1999 Constitution states that an applicant must be a member of a political party or an aspirant in the party in order to challenge its primary elections.
The apex court held that “the appellant not being a member of the APC” lacks jurisdiction to commence the action against APC and Tinubu’s choice.
As such, the panel held that the appellant position on “locus standi” is shaky.
“The position of the law is that no political party can challenge the nomination of another political party.
“A political party equally lacks the actions of INEC in relation to another political party,” the Court said.
“On this premise, I am in complete agreement with the decision of the lower courts. This issue on locus standi is resolved against the appellant,” the apex court held aligning with the Court of Appeal to call PDP a “busybody”.
“The instant appeal is frivolous and bound to fail and is a waste of judicious time,” Justice Jairo held.
Justice Jairo said the Supreme Court must strongly stand against anyone that tries to ridicule the highest court of the land, being a court of public policy.
“The appeal is grossly lacking in merit and dismissed,” held while slamming 2 million naira cost against the appellant.
The court held that PDP tried to “mislead” the public and court by alleging that Shettima did not resign as a Senatorial candidate before accepting to be APC VP-elect.
