The Supreme Court, has affirmed the eligibility of the President-elect, Asiwaju Bola Tinubu, to contest the presidential election that held on February 25.
The apex court, in a unanimous decision by a five-member panel, today held that an appeal the opposition Peoples Democratic Party, PDP, filed to challenge the legality of Tinubu’s candidacy, lacked merit.
The apex court, in its lead judgement that was delivered by Justice Adamu Jauro, held that PDP lacked the locus standi (legal right) to interfere in affairs of the ruling All Progressives Congress, APC, which nominated both Tinubu and Shettima for the presidential election.
The Supreme Court said the PDP was unable to prove that its civil rights and obligations were in danger of being infringed upon.
It agreed with the respondents that section 285 (14) (c ) of the 1999 Constitution, as amended, and section 149 of the Electoral Act, 2022, did not confer the locus standi (legal right) to challenge the candidature of Shettima on the ground of double nomination.
The apex court held that section 84 of the Electoral Act only empowered an aspirant that participated in the primary election of a political party, to challenge the nomination of a candidate by the party.
It held that the PDP failed to establish the injury it suffered as a result of the nomination by the APC, stressing that the law does not permit a political party to dabble in domestic affair of another political party.
The Supreme Court said the PDP was unable to prove that its civil rights and obligations were in danger of being infringed upon.
It described the appeal as the action of “a nosy busy-body and a meddlesome interloper that is peeping into the affairs of its neighbour.”
It agreed with the respondents that section 285 (14) (c ) of the 1999 Constitution, as amended, and section 149 of the Electoral Act, 2022, did not confer the locus standi (legal right) to challenge the candidature of Shettima on the ground of double nomination.
The apex court held that section 84 of the Electoral Act only empowered an aspirant that participated in the primary election of a political party, to challenge the nomination of a candidate by the party.
It held that the PDP failed to establish the injury it suffered as a result of the nomination by the APC, stressing that the law does not permit a political party to dabble in domestic affair of another political party.
The Supreme Court said the PDP was unable to prove that its civil rights and obligations were in danger of being infringed upon.
It described the appeal as the action of “a nosy busy-body and a meddlesome interloper that is peeping into the affairs of its neighbour.”
The apex court held that evidence before it showed that Shettima duly withdrew as the candidate of the APC in the Borno senatorial election, on July 6, 2022.
“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.
A sum of two million naira (N2,000,000) was awarded against the PDP, even as the suit was dismissed for lacking in merit.
+ There are no comments
Add yours