Published 26th May, 2023

By Sodeeq Atanda

The Supreme Court has dismissed a case by the Peoples Democratic Party seeking to invalidate the nomination of Kashim Shettima as the vice-presidential candidate of the All Progressives Congress (APC).

Justice Adamu Jauro, the lead judge, described the PDP as a meddlesome interloper and a busybody, maintaining that the issue was purely an internal affair of the APC.

He awarded N2 million against the PDP and in favour of the APC and other respondents in the suit.

In throwing out the case, the lead judge said, “The position of the law has always been that no political party can challenge the nomination of a candidate of another political party.

“The position did not change in section 285(14)(c) of the constitution. No matter pained or disgruntled a political party is with the way and manner another political party is conducting or has conducted its affairs concerning its nomination of candidates for any position, it must keep mum and remain an onlooker for he lacks locus standi to challenge such nomination in court.

“Section 285(14)(c) of the constitution only allows a political party to challenge the decisions and activities of INEC disqualifying its own candidate from participating in an election.”

The PDP hinged its argument on the basis that Shettima got two APC nominations at the same time as the party’s candidate for the Borno central senatorial election as well as running mate to Bola Tinubu in breach of sections 29(1), 33, 35, and 84(1)(2) of the Electoral Act 2022.

In defence, the APC argued that Shettima relinquished the senatorial nomination on July 6, 2022 before accepting to be Tinubu’s running mate on July 14.

Furthermore, the APC objected to the PDP’s application, saying the party lacked the constitutional right to institute the case in the first place.

On the whole, the Supreme Court upheld the previous judgements of the Abuja Federal High Court and the Court of Appeal in favour of the APC.

Share on Social Media