Legal Hurdles Cleared As Supreme Court Dismisses Suit Challenging Tinubu’s Eligibility

Legal hurdles got cleared for the President-elect, Asiwaju Bola Tinubu on Friday as the nation’s  apex court in a unanimous decision by a five-member panel held that an appeal  filed by the PDP challenging  the propriety and  legality of  his  candidacy lacked merit.

 Team@orientactualmags.com learned the Supreme Court in its lead judgment that was delivered by Justice Adamu Jauro held that PDP lacked the locus standi (legal right) to interfere in affairs of the ruling  APC that had nominated Tinubu and Shettima  as Presidential candidate and Vice Presidential candidate respectively ahead of the 2023 presidential election.

The apex court upheld the concurrent decisions of the Court of Appeal and the Federal High Court ,  Abuja, which had  earlier taken the same position on the matter.

It will be recalled that the PDP had through the appeal marked: SC/CV/501/2023, asked the apex court to   declare Tinubu and the Vice President-elect,  former Senator Kashim Shettima disqualified.

The leading opposition party  had argued  that the nomination of Shettima as  Vice Presidential candidate  by the APC and Tinubu ahead of the election in question, was in gross breach of the provisions of Sections 29(1), 33, 35 and 84(1) and (2) of the Electoral Act, 2022, as amended.

PDP  had added  that there was evidence to prove that Shettima was nominated  simultaneously as Vice Presidential candidate, and Borno Central Senate candidate, an action that  was in contravention of the law.

Apart  from asking the court to nullify Tinubu and Shettima’s presidential ticket, the appellant had  equally applied for an order to compel the Independent National Electoral Commission, INEC, to expunge their names from the list of nominated or sponsored candidates that were eligible to contest the presidential polls.

A five-member panel of the apex court, led by Justice Inyang Okoro had also okayed the matter for judgment, after all the parties had adopted their final briefs of argument.

While the PDP, through its lawyer, Mr. Joe Agi, SAN, had  urged the court to uphold its case by setting aside the judgment of the Court of Appeal on the matter, counsel for Tinubu and the APC, Mr. Babatunde Ogala, SAN,   had however  asked that the suit should be dismissed because it lacks merit.

APC  had also noted that the matter had become statute barred in view of the expiration of the period allowed for the hearing and determination of such a pre-election case.

 INEC had also through its lawyer, Mr. Adebiyi Adetosoye supported the   line of argument presented by Tinubu and the APC –Team@orientactualmags.com
Do you have any information you wish to share with us? Do you want us to cover your event or programme? Kindly send SMS to 08059100286, 09094171980. Thank you