The Supreme Court has scheduled May 26 for delivering judgment in the suit by the Peoples Democratic P (PDP) seeking the disqualification of the President-elect, Bola Ahmed Tinubu and the Vice President-elect, Kashim Shettima.
In March, the Abuja Division of the Court of Appeal dismissed the suit by the PDP for lacking merit.
In the unanimous judgement of the Appellate court delivered by Justice Danlami Senchi on the appeal marked: CA/ABJ/CV/108/2023, the court held that the party failed to prove that it has a legal right to institute the action.
The ruling upheld the judgment of the Abuja Federal High Court which in January, held that PDP has no locus standi.
Delivering the judgment, Justice Inyang Ekwo, the presiding judge, who concurred with the defendants that the plaintiff (PDP) lacked locus standi to file the suit, held that “Where there is no locus, the court has no jurisdiction.”
Justice Ekwo added that the matter before the court bordered on the internal affairs of the APC, and as such, the PDP lacked the grounds to file the case.
In the suit filed at the lower court on July 28, 2022, the PDP argued that Shettima’s nomination to contest for Vice president, while he was still in Borno central senatorial seat breached provisions of sections 29(1), 33, 35, and 84(1)(2) of the Electoral Act, 2022, which prohibits double nomination.
Apart from praying for an order to disqualify the APC, Tinubu, and Shettima from contesting the presidential election, the PDP also sought an order nullifying their candidacy.
With both the High Court and appellate court dismissing the case, the PDP approached the apex Court seeking disqualification of Tinubu and Shettima.
The party urged the apex court to reverse the Court of Appeal judgment and rule in its favour.
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