The Court of Appeal in Abuja has dismissed a suit by the Peoples Democratic Party (PDP) against the President-elect, Bola Tinubu and his deputy, Kashim Shettima.
The opposition was seeking the disqualification of the candidates of the All Progressives Congress (APC) in the February 25 election.
In an appeal marked: CA/ABJ/CV/108/2023, the PDP urged the appellate court to reverse the January 13 judgment by Justice Inyang Ekwo of the Federal High Court, Abuja which dismissed it’s suit on the grounds that the PDP lacked locus standi to have instituted the suit.
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In a unanimous judgment on Friday evening, a three-member panel of the appellate court ruled that the PDP failed to establish its locus standi.
Lead judge, Justice James Abundaga, agreed with the submissions of lawyers to the respondents, and described the PDP as a busy body, who dabbled into issues that are internal affairs of the APC.
Respondents in the appeal are the Independent National Electoral Commission (INEC), the APC, Tinubu and Shettima.
Justice Abundaga held that the trial court was right to have held that the PDP failed to establish its locus standi.
“The appellant, having failed disclose its locus standi, this appeal fails and it is hereby dismissed,” he said and proceeded to affirm the judgment of the Federal High Court.
Justice Abundaga awarded N5million cost against the appellant’s lawyer, J. O. Olotu.
The PDP had, in the suit filed on July 28, 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).
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