The Peoples Democratic Party has instituted a lawsuit at the Federal High Court in Abuja, praying the court to compel the Independent National Electoral Commission to prevent the Presidential Candidates of the All Progressives Congress, Bola Tinubu and Labour Party, Peter Obi, from replacing their running mates with Senator Kashim Shettima and Senator Datti Baba-Ahmed.
The PDP is also asking the court to declare that Tinubu and Obi be disqualified unless they contest alongside their previous running mates – Kabiru Masari and Doyin Okupe.
In the originating summons, the PDP is seeking an order barring the Independent National Electoral Commission from replacing the running mates of Tinubu and Obi.
Those listed as first to seventh respondents in the case are INEC, APC, Tinubu, Masari, Labour Party, Obi and Okupe, respectively.
The PDP is asking the court to determine if by the combined interpretation of Section 142(1) of the constitution, Section 29(1), 31 and 33 of the Electoral Act 2022, and INEC’s timetable, Tinubu and Obi are bound by the submission of Masari and Okupe as their running mates.
The party also asked the court to determine if “by the combined interpretation of Section 142(1) of the Constitution of the Federal Republic of Nigeria, Sections 29(1), 31, 33 of the Electoral Act 2022, the first defendant (INEC) can validly accept any change or substitution of the 4th (Masari) and 7th (Okupe) defendants as running mates of the 3rd (APC) and 6th (Labour Party) defendants.”
The PDP is also seeking five reliefs including a declaration that by the combined interpretation of Section 142(1) of the constitution, Section 29(1), 31 and 33 of the Electoral Act 2022 and INEC’s timetable, both Tinubu and Obi must be bound by their submission.
The party asked the court to rule that both Tinubu and Obi will be disqualified the moment they substitute the names of their running mates.
One of the reliefs reads, “A declaration that by the combined interpretation of Section 142(1) of the Constitution of the Federal Republic of Nigeria 1999 (as amended), Sections 29(1), 31, 33 of the Electoral Act 2022, the 1st defendant’s (INEC’s) election timetable, the 3rd (Tinubu) and 6th (Obi) cannot validly contest the 2023 Presidential election without the 4th (Masari) and 7th (Obi) respondents as their respective running mates.”
The PDP also based its argument on the fact that the term ‘placeholder’ is unknown to Nigerian law.
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