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First with the News

Nigeria: Supreme Court Dismisses Opposition’s Suit Seeking President-Elect’s Disqualification

May 26, 2023
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By Enyichukwu Enemanna

Nigeria’s Supreme Court on Friday threw out a suit urging it to disqualify the country’s president-elect, Bola Tinubu and the vice president-elect, Kashim Shettima, basing its case on allegation of double nomination.

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Tinubu, a former Governor of Lagos State South West Nigeria along with his vice are expected to be sworn-in Monday, May 29 as the country’s 16th President and vice in Abuja.

He has been conferred with the highest National Honour of the Grand Commander of the Federal Republic (GCFR) as part of activities heralding his inauguration after the tenure expiration of President Muhammadu Buhari who has ruled the West African country for a second term of four years.

The suit seeking Tinubu’s disqualification was filed by the opposition Peoples Democratic Party (PDP) through its counsel, Mike Ozekhome (SAN).

The party which fielded former Vice President Atiku Abubakar in the Feb. 25 presidential election as its candidate alleged that Shettima had double nomination as senatorial candidate for Borno Central Senatorial District and vice-presidential candidate under the All Progressives Congress (APC).

The apex court in its decision on Friday held that the PDP lacked the locus standi to bring the action, saying the PDP is not a member of the APC and cannot determine what double nomination is for the APC.

The appeal was earlier dismissed by the Federal High Court and the Court of Appeal for lack of locus standi and a cost awarded against the PDP.

It was however not satisfied with the decision, as the party approached the apex court.

The PDP had asked the apex court to hear the matter on its merit and determine the grounds set out for the suit.

In the suit filed on July 28, 2022, the PDP claimed that the double nomination breached the provisions of sections 29(1), 33, 35, and 84(1)(2) of the Electoral Act, 2022.

PDP submitted that Shettima was still the nominated senatorial candidate on July 14, 2022 having emerged in the May primary of the APC, when he was again nominated the vice presidential candidate.

The party submitted that he withdrew his senatorial nomination on July 15, 2022, and was by then in breach of Section 33 on multiple nominations.

However, on January 13, Justice Inyang Ekwo of the Federal High Court, Abuja dismissed the suit on the grounds that the PDP lacked the locus standi.

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