The Supreme Court cleared the way for the swearing-in of President-elect Asiwaju Bola Tinubu on May 29. The court unanimously dismissed an appeal by the opposition People Democratic Party questioning Tinubu’s eligibility to run in the February 25 presidential election. The appeal (SC/CV/501/2023) was deemed to have been brought in bad faith. The PDP, despite Alhaji Atiku Abubakar‘s second place in the presidential contest, lacked the legal right to challenge another party’s nomination.
The People’s Democratic Party appealed to void Tinubu`s candidacy, accusing Senator Kashim Shettima of being nominated for two positions in the 2023 elections. The PDP argues that Shettima’s dual nomination violates several sections of the Electoral Act. They are requesting that the court invalidate Tinubu and Shettima’s candidacies and expunge their names from the list of eligible candidates. The apex court upheld the decisions of lower courts dismissing the PDP’s case against Tinubu and Shettima for being frivolous and not disclosing a reasonable cause of action. It also accused the PDP of interfering in the internal affairs of the All Progressive Congress.
Also Read: Presidential Election Petition Tribunal Begins Sitting as Court Adjourns Case to Wednesday, May 10
The highest court accepted the respondents’ argument that the Constitution and the Electoral Act did not give the appellant the right to contest Tinubu’s candidacy over Shettima’s double nomination. Only those who took part in the party’s primary election could challenge a candidate’s nomination, according to the Electoral Act’s Section 84. The court ruled that the PDP couldn’t prove it was harmed by the APC’s nomination and that it wasn’t allowed to interfere in another party’s affairs. Additionally, the PDP couldn’t demonstrate that its rights were at risk. Lower courts were right in not hearing PDP’s case due to a lack of jurisdiction.
The court stated that the case against Tinubu was statute barred as the time limit had passed. Justice Okoro described the appeal as frivolous. He accused the PDP of trying to make a mockery of the judiciary through social media and compared their appeal to the 2019 Imo state governorship dispute, which was deemed inappropriate by another panel member, Justice Amina Augie. Justice Augie ruled that while Nwosu took part in primary elections held by both APC and AA and submitted his Form CF 001 to INEC, it was not applicable in the appeal against Tinubu and Shettima.
The court warned against an overflow of lawsuits from voters and postponed the judgment on a case filed by five FCT residents against Tinubu’s inauguration due to the absence of Justice Ekwo. They applied for an order to prevent the swearing in of any presidential candidate until it is legally determined that they meet the requirements of Section 134(2)(b) of the Constitution. They also seek a declaration of their legal interests and constitutional rights to be heard on whether a president-elect must secure at least 25% of votes in the FCT, Abuja.
