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Double Nomination: Court of Appeal Dismisses PDP’s Suit Against Tinubu, Shettima

Moves by the Peoples Democratic Party (PDP) to get the All Progressives Congress (APC) presidential running mate, Senator Kashim Shettima disqualified by the courts have hit the rocks at the Court of Appeal, The Nation reports.

The court on Friday held that the PDP lacked the locus standi to institute, maintain or demand the reliefs it sought as it was not an aspirant in the primaries of the APC and that Section 285 (14) (c ) of the 1999 Constitution does not grant it locus to challenge either the primaries or the nomination of Shettima.

The Court consequently dismissed the PDP appeal for want of merit and awarded in favour of each of the respondents, namely APC, its Presidential candidate Asiwaju Bola Tinubu, Senator Shettima and the Independent National Electoral Commission (INEC), the sum of N5 million.

The appeal stemmed from the January 13, 2023 judgment of Justice Ekwo Inyang of the Federal High Court in the suit filed by the PDP against APC, Tinubu, Shettima and INEC.

The plaintiffs had sought the following reliefs:

*A declaration that by the provisions of Section 35 of the Electoral Act 2022,the 4th Respondent (Shettima) is disqualified from participating in the February 25,2023 Presidential Election having knowingly allowed himself to be nominated in two constituencies as Senator Borno Central District and as Vice Presidential candidate of the 2nd Respondent (APC).

*A declaration that the nominations of the 3rd (Tinubu) and 4th Respondents as Presidential and Vice Presidential candidates of the 2nd Respondent (APC) is void having regards to the double nominations of the $th Respondent.

*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 Respondent.

*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 25, 2023.

*An injunction restraining the 3rd and 4th Respondents from further representing themselves as candidates of the 2nd Respondent for the Presidential Election.

*An order restraining the 2nd Respondent from further nominating candidates for the Presidential Election.

*And for such orders as the Honurable court may deem fit to make as consequential to the reliefs sought by the Plaintiffs in this suit.

The alleged double nomination of Shettima is a major plank of the petition filed by the PDP and its presidential candidate, Alhaji Atiku Abubakar, at the Presidential Election Petition Tribunal against the election of Tinubu.


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