Supreme Court Strikes Out PDP’s Suit On Shettima’s Double Nomination



The Supreme Court on Friday dismissed a suit by the Peoples Democratic Party, PDP, challenging the alleged double nomination of the vice president-elect, Kashim Shettima.

Upholding the decisions of lower courts that the PDP lacked the locus standi to institute such a case, Justice Adamu Jauro noted that the PDP acted as meddlesome interloper and a busy body as it is an internal affair of the APC.

He therefore awarded the sum of N2 million against the PDP, saying the suit lack merit.

The five-man panel of justices further held that the attitude of the appellant (PDP), amounts to misleading the court, and therefore described the move as sad.

Mr Shettima withdrew his senate nomination on July 6, 2022 and was subsequently replaced. At this point, he was no longer a candidate for the Senate, and as such his position as vice president, did not constitute a multiple nomination breach.

On the case of Uche Nwosu which the PDP relied on, the supreme court justices reminded them that they made the decision at that time and are fully aware of the details.

Mr Nwosu in his case got nominated by two political parties for different positions. They held that the the suit of the PDP was bound to fail right from the trial court, to the court of appeal, and the supreme court.

The justices further held that the action of the PDP was painful as it used the social media to set a trap for the apex court to blackmail it, describing this situation as unfortunate and uncalled for.

According to the judges, a political party has no right to challenge the action of another party, or the decision of INEC, in respect of another party.

They added that for a person to have locus standi to challenge the nomination process of a political party, the person must be a neutral person and an aspirant to that position, and a member of the party.

The justices held that no matter the pains of the PDP on how the APC conducted it’s primary elections and nominated its candidate, the PDP must remain as an onlooker.

They also reminded the PDP of the same issue in 1999 where Atiku Abubakar was nominated for the seat of Governor, but later moved on to become the Vice Presidential Candidate to Olusegun Obasanjo.

In that case, Atiku’s running mate – Boni Haruna took over the Governorship Nomination. INEC wanted to conduct a fresh election then, but the party kicked against it until it got to the Supreme Court.

The court asked the opposition party rhetorically what has changed since 1999.

The PDP had in its suit, claimed that Mr Shettima’s nomination as Tinubu’s running mate, was in breach of the Provisions of sections 29(1), 33, 36 and 84 (1)(2) of the Electoral Act 2022, however, the court in its ruling stressed that the opposition party had no case.

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