A Federal High Court sitting in Abuja, on Friday, dismissed a suit by the Peoples Democratic Party (PDP) seeking the disqualification of the presidential candidate of the All Progressives Congress (APC), Senator Bola Tinubu and his running-mate, Kashim Shettima from participating in the 2023 general elections.
Justice Inyang Ekwo, in his judgement, dismissed the suit on the ground that the PDP lacked locus standi to institute the legal action and held that the case was caught by the principle of issue estoppel even as he described the suit as an abuse of court process.
The PDP, in its originating summons marked: FHC/ABJ/CS/1734/2022 had, in the suit which has the Independent National Electoral Commission (INEC), APC, Tinubu and Shettima as 1st to 4th defendants respectively, challenged the validity of Tinubu to contest the 2023 presidential election as APC’s presidential candidate on the ground that 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).
The party, which argued that Shettima’s nomination to contest the position of vice president and Borno Central Senatorial seat contravened the law also prayed for an order disqualifying the APC, Tinubu and Shettima from contesting the presidential election scheduled for February 25, 2023 and 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 in the election.
