If the President-elect, Asiwaju Bola Ahmed Tinubu is successfully sworn in as President and Commander in Chief, Armed Forces of Nigeria on Monday, May 29, 2023, he will go in history as the most opposed Presidential aspirant, most attacked Presidential candidate and the President-elect with the most litigations.
However, in each of these stiff oppositions he has been coming out victoriously.
Last working day before his inauguration on Monday, 29 May, precisely Friday May 26, the
Supreme Court will deliver judgment in a suit filed by the Peoples Democratic Party (PDP) for his disqualification as well as disqualification of his running mate and Vice President-elect Kashim Shettima.
The PDP had in a suit filed on July 28, 2022, asked for the disqualification of Tinubu and Shettima from contesting the 2023 presidential election on the grounds that Shettima’s nomination as Tinubu’s running mate amounted to double nomination, in breach of the provisions of Sections 29(1), 33, 35 and 84{1)}(2)} of the Electoral Act, 2022 as amended.
The party argued that Shettima’s nomination to contest the position of vice president and Borno Central senatorial seat breached the law.
The suit was earlier dismissed by an Abuja Federal High Court and the Court of Appeal.
PDP’s prayer is that the Supreme Court should reverse the Court of Appeal judgment, which held that the party failed to establish its locus standi, noting that Shettima’s disqualification for double nomination could halt the swearing-in of Tinubu as President since they ran a combined ticket.
Lawyer to PDP Joe Agim told the court that the All Progressives Congress (APC) had earlier admitted Shettima’s double nomination at the Court of Appeal.
“There’s a punishment for double nomination,” Agim argued.
The APC in its argument noted that the PDP lacked the locus standi to file the suit, which was challenging the political party’s decision and its nomination of candidates for the polls.
The APC also argued that the issue in contention concerned the internal affairs of the political party.
The party further argued that after the 180 days, it was too late for the PDP to file a case on the subject with the Supreme Court.
However, in its rejoinder, the PDP cited Uche Nwosu’s precedent and contended that the number of days was irrelevant since, as the Supreme Court had previously stated, “time does not run” when considering cases of double nomination.
The PDP requested that the Supreme Court exercise its authority and assume jurisdiction over the case to overturn the lower courts’ earlier rulings and reassess the parties’ arguments.
The PDP claimed that Shettima’s nominations for vice president and senator are against the terms of the Electoral Act.
The party asserted that Shettima’s Senate nomination had not been withdrawn from the Independent National Electoral Commission (INEC) at the time he was nominated as Tinubu’s running mate, arguing that running for two posts at once was unlawful.
The apex court fixed Friday, May 26, to deliver judgment on the matter after listening to the contending parties.
The court had in the past dismissed suits seeking Tinubu’s disqualification.