The Presidential Election Petition Court has made a significant ruling, striking out the petitions filed by the Allied Peoples Movement (APM) against President Bola Tinubu and his Vice President, Kashim Shettima.
The court described the APM’s case as “incompetent” and lacking merit.
The court ruled that the issues raised by the APM in their petitions pertained to pre-election matters that fall under the jurisdiction of the Federal High Court. The panel, chaired by Justice Haruna Tsammani, delivered this ruling.
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In addition to dismissing the APM’s petition against President Tinubu and Vice President Shettima, the tribunal also rejected their petition against the Independent National Electoral Commission (INEC) and four others, including the All Progressives Congress (APC), Bola Tinubu, Kashim Shettima, and Kabiru Masari.
Justice Tsammani emphasized that the petitioners failed to substantiate their arguments, rendering the petition without merit. The judge upheld the preliminary objections raised by all the respondents, challenging the competence of the petition.
Regarding the central issue of whether or not Tinubu was qualified to contest the presidential election, Justice Tsammani noted that the APM should have taken their case to court within 14 days after Tinubu’s nomination by the APC. He also pointed out that the cause of action was based on a pre-election matter, and therefore, the APM lacked the locus standi to challenge Tinubu’s nomination.
Furthermore, the judge ruled that the law did not permit one political party to question the nomination process of another political party in selecting its candidate. He also stated that invalid nomination or double nomination did not constitute grounds for disqualification in presidential elections, as outlined in sections 131 and 137 of the Constitution.
The APM had sought to invalidate President Tinubu’s votes due to the double nomination of his vice, Shettima. They argued that when Shettima became the vice-presidential candidate of the APC, he was also a senatorial candidate in Borno State.
This ruling by the Presidential Election Petition Court is significant in the ongoing legal proceedings related to the 2023 presidential election. It underscores the importance of adhering to legal procedures and the jurisdiction of appropriate courts when challenging election results and candidate qualifications.
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