Supreme Court Dismisses Suit Alleging Double Nomination Of Vice President-elect, Kashim Shettima

Nigeria’s Apex Court, the Supreme Court, has dismissed a suit filed by the Peoples Democratic Party, PDP, challenging the eligibility of the President-elect, Bola Tinubu, to contest the Presidential election that was held on 25th February, 2023. 

 

The PDP contended that the manner the APC and Tinubu nominated Senator Shettima as a Vice Presidential candidate for the election, was in gross breach of the provisions of the Electoral Act,

 

The PDP had argued that there was evidence to establish that Senator Shettima was nominated twice, both for the Vice Presidential position as well as for the Borno Central Senatorial seat, an action the PDP maintained was in contravention of 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 bars 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