The Supreme Court Friday morning 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 ruled that PDP is not a member of the APC and has no business with the manner in which the party chose its candidates.
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, 2022.
The opposition party argued that Shettima’s nomination to contest the position of vice-president and Borno central senatorial seat — at the same time — contravened the law.
Delivering judgment the Supreme Court held that the issue of locus is important.
A plaintiff’s locus is linked with the court’s jurisdiction.
A plaintiff must show harm or substantial harm done to him by the action he is complaining about.
The appellant relied greatly on section 248(14c) of the constitution.
This section deprived the appellant of the locus as its barrs interference of political parties into the affairs of other political parties.
The appellant did not participate in the election or nomination of the 4th respondent( Shettima).
Section 84 of the electoral act only empowers an aspirant of a political party to institute an action in a pre-election matter.
No political party can challenge the Nomination of the candidates of another political party, no matter how pained any person may be on how a political party nominated its candidate, the person must remain an onlooker.
The determination of a pre-election matter has a time limit, the 180 of the trial court to exercise its jurisdiction and the 60 days for the appellate court to exercise its jurisdiction has lapsed.
The suit was a waste of judicious time of the court.
A cost of N2million is awarded against the plaintiff in Favour of the respondents
