The All Progressives Congress (APC)’s Bola Tinubu and Kashim Shettima were challenged, and the supreme court rejected the case attempting to have them disqualified as presidential and vice presidential candidates.
The Peoples Democratic Party (PDP) lacks the locus standi necessary to bring the lawsuit, according to a ruling made on Friday by a five-member bench of the top court.
The panel concluded that the PDP is not an APC member.
Shettima’s selection as Tinubu’s running mate, according to the PDP, violated the Electoral Act’s restrictions included in sections 29(1), 33, 35, and 84(1)(2).
The party alleged that Shettima was still the APC’s candidate for Borno central senatorial district on July 14 when he accepted the nomination for vice-presidential candidate.
However, the respondents said Shettima’s senatorial nomination was dropped on July 6, 2022.
The respondents said the suit was statute barred, having been filed 15 days after the cause of action instead of 14 days as required by law.
They further asserted that the appellants lacked locus standi to bring the lawsuit and that the in dispute matter was an internal party matter.
However, the appellants maintained that because the matter is not an internal party matter but rather a violation of the Electoral Act, they are entitled to file the lawsuit under section 284(14)(c) of the constitution.
No matter how hurt and angry one party may be, the supreme court ruled that section 284(14)(c) of the constitution does not permit that party to meddle in the affairs of another party.
“The position of the law has always been that no political party can challenge the nomination of a candidate of another political party,” Adamu Jauro, who read the lead judgment, said.
The position did not change in section 285(14)(c) of the constitution. No matter pained or disgruntled a political party is with the way and manner another political party is conducting or has conducted its affairs concerning its nomination of candidates for any position, it must keep mum and remain an onlooker for he lacks locus standi to challenge such nomination in court.
Section 285(14)(c) of the constitution only allows a political party to challenge the decisions and activities of INEC disqualifying its own candidate from participating in an election.
The apex court added that the appeal is frivolous and was bound to fail.