May 22, (THEWILL) – The Supreme Court has fixed Friday, May 26, to deliver judgment in an appeal filed by the Peoples Democratic Party (PDP), against the President-elect, Bola Ahmed Tinubu and Kassim Shettima, the Vice President-elect.
The PDP had approached the apex court to challenge the March 24 ruling of an appeal court, led by Justice James Abundaga, which upheld the January 13th ruling of Justice Ekwo, presiding judge of the Federal High Court, Abuja.
Ekwo had dismissed the suit filed by the PDP against the All-Progressives Congress (APC), Tinubu and the Independent National Electoral Commission (INEC).
Number FHC/ABJ/CS/1734/2022, the PDP is seeking:
i. A DECLARATION of the Honorable Court that by the provisions of Section 35 of the Electoral Act 2022, the 4th Respondent is disqualified from participating in the February 25th, 2023, Presidential Election having knowingly allowed himself to be nominated in two consistencies as Senator, Borno Central District and as Vice Presidential Candidate of the 2nd Respondent.
ii. A DECLARATION that the nominations of the 3rd and 4th Respondents as Presidential and Vice-Presidential candidates of the 2nd Respondent is void having regards to the double nominations of the 4th Respondent.
iii. AN ORDER disqualifying the 3rd and 4th Defendants from contesting or participating in the forthcoming 2023 Presidential General Election as a candidate of the 2nd Defendant
iv. AN ORDER directing the 1st Respondent to strike off the names of the 3rd AND 4th Respondents as candidates of the 2nd Respondent eligible to contest for the Presidential Election slated for February 25th, 2023.
v. AN injunction restraining the 3rd and 4th Respondent from further representing themselves as candidates of the 2nd Respondent for the Presidential Election slated for 23rd February, 2023.
vi. AN Order restraining the 2nd Respondent from further nominating candidates for the Presidential Election scheduled for the 25th of February, 2023.
vii. AND FOR such orders as the Honorable Court may deem fit to make as consequential to the reliefs sought by the Plaintiffs in this suit.
Having lost at the trial and appellate courts, the PDP is asking the Supreme Court to invoke its powers and assume jurisdiction over the matter to set aside the previous judgements made by the lower courts and re-examine their arguments.
At the hearing of the appeal on Monday, PDP lawyer, Joe Agim (SAN), said the APC had earlier admitted Shettima’s double nomination at the appellate court, but the APC denied the claim.
Agim, citing a case involving Uche Nwosu against ADP as precedent, argued that his respondents did not deserve to speak, let alone make any argument, over the alleged double nomination.
“There’s a punishment for double nomination. They ought not to be heard,” Mr Agim told the highest court on Monday. “It should never happen in this country.”
But, the APC lawyer, Omosanya Popoola, rebuked his colleague, saying the motion did not hold water as the Federal High Court has ruled that PDP had no locus standi to bring up the matter, a judgement that was later upheld by the Court of Appeal.
He further said the matter, being a pre-election matter, had exceeded the time in which it can be challenged, saying it was too late for the PDP to raise the matter at the Supreme Court after 180 days.
“This matter has long expired, well over 200 days,” Popoola argued.
But, Agi argued that the number of days was not an issue based on Uche Nwosu’s precedent, in which he quoted the Supreme Court as previously saying “time does not run” when treating matters of double nomination.
The five-member justices, led by Inyang Okoro, said the Court will give its judgement on Friday, May 26.
