* As tribunal adjourns to June 2 for hearing Alex Enumah in Abuja President Bola Tinubu on Thursday suggested to the Presidential Election Petition Court (PREPEC) that the court may
President Bola Tinubu on Thursday suggested to the Presidential Election Petition Court that the court may likely not continue further with the hearing of the petition of the Allied People’s Movement against his election due to a recent judgment of the Supreme Court on double nomination.
“And we will also discuss with the petitioners whether in light of the decision of the Supreme Court, whether there will still be the need to continue with this petition,” Olanipekun submitted. The apex court, in a unanimous judgment delivered by Justice Adamu Jauro, held that the case of the PDP was incompetent and lacking in merit because it lacked the necessary legal authority to initiate the suit in the first place.
Besides, the apex court held that the case of the appellant has become statute barred having run beyond the 180 days permitted by law hence, it cannot delve into the merit of the case. But, the apex court held that PDP cannot challenge the nomination of Shettima as vice-presidential candidate because it lacked the necessary locus standi to do so, having not been an aspirant, a member of APC, nor shown any harm it suffered as a result of the nomination of Shettima as VP candidate.
The petitioners are also questioning Tinubu’s candidacy on the grounds of the substitution of the initial “placeholder”, Kabir Masari, with Shettima. APM further submitted that Masari’s initial nomination activated the joint ticket principle enshrined in the constitution, stressing that his subsequent withdrawal invalidated the said joint ticket.
“We are aware that the Supreme Court gave a decision on this same matter in the yet-to-be-reported judgment SC/CV/501/20223 and the parties involved were Peoples Democratic Party versus the Independent National Electoral Commission and three others where the apex court resolved all the issues. “Based on the submission of the learned silk, we shall be praying to adjourn the hearing of this petition to enable us apply to the Supreme Court for the copy of the judgment referred to, to enable us examine same and know the effect it has on this petition,” Abubakar.
The apex court also pointed out that the case of Nwosu relied upon by the appellant was not applicable because Nwosu was nominated by two different political party, while in the instant appeal, Shettima was nominated by just one political party, the APC. The appellant had anchored its appeal on the claims that the appellate court erred in law when it dismissed its appeal and affirmed the judgment of a trial court which held that the suit was incompetent and lacking in merit.
The apex court, besides, affirmed the N2 million cost awarded against the appellant in favour of the respondents, which are the INEC, APC, Tinubu and Shettima.
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