I don’t want to be remembered for my many fights — Obaseki

By Eric Ikhilae, Abuja

The Supreme Court has scheduled judgment for Friday, May 26 in the appeal by the Peoples Democratic Party (PDP) which is among others, seeking to void the joint ticket of the President-elect and Vice President-elect, Bola Tinubu and Kashim Shettima of the All Progressives Congress (APC).

A five-member panel of the court, headed by Justice John Okoro, chose the date after lawyers to parties adopted their processes and made final arguments.

Lawyers to the appellant, Joe Agim (SAN) prayed the court to allow the appeal and set aside the judgment of the Court of Appeal, which earlier affirmed the judgment by Justice Inyang Ekwo of the Federal High Court, where he queried the right of the PDP to question the candidate nomination process another party.

Lawyers to the respondents – the Independent National Electoral Commission (INEC), Tinubu, Shettma and the APC – prayed the court to reject the appeal and affirm the concurrent findings of the two court below.

Babatunde Ogala (SAN), who appeared for the APC, urged the court to strike out the case since the 180 days allowed by the law to hear a pre-election case has elapsed.

The PDP had, in the suit filed on July 28, 2022, before the Federal High Court, Abuja, challenged the validity of the Tinubu/Shettima ticket for the 2023 presidential election.

The party argued among others, that Shettima’s nomination as Tinubu’s 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).

It claimed that Shettima had double nominations and argued that Shettima’s nomination as a vice-presidential candidate as well as the candidate for the Borno Central Senatorial seat, contravened the law.

Justice Ekwo, in a Judgment on January 13 dismissed the suit on the grounds that the PDP was without the requisite locus standi to instituted the action.

The PDP appealed the decision in the appeal marked: CA/ABJ/CV/108/2023 and urged the appellate court to reverse the judgment of the Federal High Court, Abuja.

In the unanimous judgment on March 25, a three-member panel of the Court of Appeal held that the PDP failed to establish its locus standi.

Justice James Abundaga, who read the lead judgment, agreed with the submissions of lawyers to the respondents, including Thomas Ojo from the law firm of Prince Lateef Fagbemi and described the PDP as a busy body, which dabbled into issues that constitute the internal affairs of the APC.

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 to 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 N5 million cost against the appellant’s lawyer, J. O. Olotu.