Supreme Court dismisses PDP’s double nomination suit against Tinubu, Shettima

The Supreme Court has struck out a suit seeking the disqualification of the president-elect, Bola Tinubu, and his vice president-elect, Kashim Shettima, over alleged double nomination.

The appeal was filed by the Peoples Democratic Party (PDP) through their counsel, Mike Ozekhome (SAN).

The PDP alleged that Shettima had double nomination as senatorial candidate for Borno Central Senatorial District and vice-presidential candidate under the All Progressives Congress (APC).

Delivering judgment, Justice Adamu Jauro slammed a fine of N2m on PDP for ‘pokenosing’ in the internal affairs of the All Progressives Congress (APC) in the conduct of its primary elections and nomination of its candidates.

The apex court held that the PDP’S suit praying disqualification of Tinubu and Shetima on ground of alleged double nomination by Shetima was grossly lacking in merit and dismissed it.
It agreed with Tinubu’s lawyer, Chief Lateef Fagbemi, SAN, that PDP acted as busy body and meddlesome interloper in the APC’S affairs unjustly.

It held that apart from the fact that PDP lacked requisite jurisdiction to institute the suit, the party also failed to provide scintilla of evidence that Shetima engaged in double nomination.

“The claim of PDP on the alleged double nomination of the Vice President-elect was is most unfortunate and a clear deliberate mischief to mislead the Court and the country.

“No matter the pains of the PDP on how APC conducted it’s primary elections and nominated its candidates, PDP must remain an onlooker.

“It is abundantly clear that the Appellant (PDP) in the totality of its position in the instant case, is peeping and poke nosing into the affairs of another party as a busy body and meddlesome interloper”, the court held.

The court held that the action of PDP was painful because it used the social media to set a booby trap for the Supreme Court to blackmail it.

It described the move as most unfortunate, unwarranted and uncalled for.

In the suit filed on July 28, 2022, the PDP 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.

The party argued that Shettima’s nomination to contest the position of Vice-President and Borno Central Senatorial District seat at the same time contravened the law.

The PDP, which sought an order disqualifying the APC, Tinubu, and Shettima from contesting the presidential election, also sought an order nullifying their candidacies.

However, Justice Inyang Ekwo of the Federal High Court dismissed the suit on the grounds that the PDP lacked the locus standi to institute the suit.

Not satisfied, the PDP appealed the judgment.

Delivering judgment in the appeal, a three-member panel of the Court of Appeal led by Justice James Abundaga held that the PDP failed to establish that it had locus standi to institute the case.

Abundaga described the PDP as a busybody, who dabbled into issues that were internal affairs of the APC.