The Supreme Court has struck out an appeal filed by the Allied Peoples Movement (APM) against President Bola Tinubu over the party’s lawyer’s application to discontinue the lawsuit.
The apex court commenced hearing in the appeals filed by the APM, Peoples Democratic Party (PDP) and Labour Party separately to challenge the verdict of the Presidential Election Petitions Court, which upheld Tinubu’s win at the 2023 presidential election.
Justice John Okoro, chairing the seven-man panel sitting over the case, had frowned at the APM for bringing forward issues long decided by the court on the nomination of electoral candidates by political parties. Despite Okoro’s position, however, he said that the party could still continue to argue its case.
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Following the conversation, Chukwuma Machukwu-Ume, counsel for the APM, applied to the court for a withdrawal of the appeal.
Ruling on the application, Okoro said, “This appeal, having been withdrawn without objection, is hereby dismissed.”
At the lower court, APM had raised issues about the eligibility of Tinubu and Kashim Shettima, both of the All Progressives Congress (APC) as presidential and vice-presidential candidates. The party claimed that they were improperly fielded.
For context, APM claimed Shettima was nominated as a VP candidate and the Borno State Central Senatorial District candidate at the same time, against the provisions of the constitution and the electoral act.
Courts have long ruled that an avenue to challenge the nomination of candidates for an election is only open to participants in that process, as the process is an internal affair of a party. As such, APM had no locus standi to challenge the process as an external body.
The justices at the lower court dismissed all its allegations and ruled in favour of Tinubu and Shettima.
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