The Supreme Court has dismissed the suit seeking the
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 on Friday that
the Peoples Democratic Party (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.
The party alleged that Shettima was still the APC’s
candidate for Borno central senatorial district on July 14 when he accepted the
nomination for vice-presidential candidate.
However, the respondents said Shettima’s senatorial
nomination was dropped on July 6, 2022.
The respondents said the suit was statute barred, having
been filed 15 days after the cause of action instead of 14 days as required by
law.
They also averred that the issue being contested is an
internal party affair and that the appellants lacked locus standi to institute
the suit.
But the appellants insisted that section 284(14)(c) of the
constitution gives them the right to institute the suit as it is not an
internal party affair, rather, a breach of the Electoral Act.
In its judgment, the apex court held that section 284(14)(c)
of the constitution does not extend to a party poking into the affairs of
another party no matter how pained and disgruntled it may be.
“The position of the law has always been that no political
party can challenge the nomination of a candidate of another political party,”
Adamu Jauro, who read the lead judgment, said.
“The position did not
change in section 285(14)(c) of the constitution. No matter pained or
disgruntled a political party is with the way and manner another political
party is conducting or has conducted its affairs concerning its nomination of
candidates for any position, it must keep mum and remain an onlooker for he
lacks locus standi to challenge such nomination in court.
“Section 285(14)(c) of the constitution only allows a
political party to challenge the decisions and activities of INEC disqualifying
its own candidate from participating in an election.
“It is therefore abundantly clear that a political party
that files a suit challenging the nomination of a candidate of another political
party would be a nosy busy-body, a meddlesome interloper, peeping into the
affairs of his neighbour without any backing.
“The appellants by its originating summons and affidavits in
support filed to disclose any nexus between the actions of the respondents and
the suit. And it has failed to show which harm it suffered or that it stands to
potentially suffer from the action of the respondents. In fact no dispute has
been shown to exist between the appellants and the respondents.
“I’m in complete
agreement with the lower court that the appellant lacked locus standi to
institute and maintain this action at the trial court.”
The apex court added that the appeal is frivolous and bound
to fail.
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Those who are vivid with history could tell that supreme court of nigeria could not find James Onanefe Ibori, former governor of Delta State on charges of money laundry and abuse of public office. He was discharged and acquitted of all charges. Same Ibori pleaded guilty on four out of eighty-four count charge in London. Some days ago, former deputy senate president, Ike Ekweremadu, his wife and their doctor were both sentenced in UK. Shameless Nigerians and institutions were writing to the UK parliament to allow them go. What a shame? If that matter was to be tried by the Nigerian supreme court, they will be set free without any intervention whatsoever. How to get justice in court system in nigeria is a huge problem. It is not now and perhaps, NEVER!
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