Appeal Court Reserves Judgment In PDP Suit Against Tinubu, Shettima

The Abuja division of the Court of Appeal has reserved judgment on an appeal filed by the opposition Peoples Democratic Party (PDP) seeking to void the nomination of Bola Tinubu and Kashim Shettima as the presidential and vice presidential candidates of the All Progressives Congress (APC).

In the appeal marked: CA/ABJ/CV/108/2023, PDP is seeking a setting aside of the January 13 judgment rendered by Justice Inyang Ekwo of the Abuja division of the Federal High Court.

Justice Ekwo had in the judgment, dismissed the suit on the grounds that PDP lacked the locus standi (legal right) to question how the APC chose its candidates. A three-member panel of the court, led by Justice Haruna Tsammani had after counsel to parties adopted their briefs and made final submissions, announced that judgment was reserved to a date to be communicated to parties.

While counsel to the appellant urged the court to allow the appeal and grant the reliefs sought, counsel to the respondents, Thomas Ojo, on the other hand, prayed the appellate court to dismiss the appeal.
Ojo argued that the appellate court is no longer vested with the jurisdiction to hear the appeal as the 180 days statutory provisions for the determination of pre-election matters have since elapsed.

The PDP had, in the suit marked: FHC/ABJ/CS/1734/2022 challenged the validity of the Tinubu/Shettima ticket for the 2023 presidential election, arguing that Shettima’s nomination as the running mate was in breach of the provisions of Sections 29(1), 33, 35 and 84{1) (2) of the Electoral Act, 2022 (as amended.

It claimed that Shettima had double nominations, and argued that Shettima’s nomination as a vice-presidential candidate, as well as the candidate for the Borno Central Senatorial seat, contravened the law.