A Federal High Court, Abuja, dismissed a Peoples Democratic Party PDP suit seeking the disqualification of the Presidential candidate of All Progressives Congress APC Senator Bola Tinubu, and his running mate, Mr Kassim Shettima, for the 2023 general election.
In a judgment on Friday, Justice Inyang Ekwo, dismissed the suit on the ground that the PDP lacked locus standi to institute the matter.
Justice Ekwo, held that the case was caught by the principle of issue estoppel and described the suit as an abuse of the court process.
Recall that PDP had sued the Independent National Electoral Commission INEC, APC, Tinubu and Shettima as 1st to 4th defendants respectively.
In the suit filed on July 28, 2022, the party challenged the validity of Senator Tinubu to contest for the 2023 presidential election as APC candidate on the ground that Mr Shettima’s nomination as his 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).
PDP argued that Shettima’s nomination to contest the position of vice president and Borno Central Senatorial seat contravened the law.
The PDP, which sought an order disqualifying the APC, Tinubu and Shettima from contesting the presidential election scheduled for Feb. 25, also sought an order nullifying their candidacy.
It further sought an order compelling INEC to remove their names from its list of nominated or sponsored candidates eligible to contest the poll.
But the defendants, in their preliminary objection filed by Lateef Fagbemi, SAN, argued by Thomas Ojo, urged the court to dismiss the suit for want of jurisdiction.
They argued that the plaintiff (PDP) lacked the locus standi (legal right) to file the case, which invariably was challenging the political party’s decision and its nomination of candidates for the polls.
Ekwo held that the matter bordered on the internal affairs of the APC in which the PDP lacked locus to file the case.
He, therefore, said that since the PDP had no locus standi, it also did not have any cause of action against the defendants.
Justice Ekwo also agreed with the defendants that the suit was an abuse of court process.
N.O
