Court Strikes Out APM’s Suit Against Shettima, Tinubu

Date:

The Presidential Election Petition Court has dismissed the suit of the Allied Peoples Movement (APM) seeking to nullify President Bola Tinubu’s election.

Thank you for reading this post, don't forget to subscribe!

The court, in its ruling delivered in Abuja on Wednesday, dismissed the petition for lacking in merit and being incompetent.

The Chairman of the panel, Justice Haruna Tsammani, who read the judgement, held that issues the APM raised in its petition contained pre-election matters that could only be determined by the Federal High Court.

The court further upheld the preliminary objections of the respondents who challenged the competence of the suit.

Justice Tsammani noted that since the petition centred on the qualification of President Tinubu to contest the presidential election, the APM ought to have gone to court within 14 days after Tinubu was nominated by the All Progressives Congress (APC).

He held that since the cause of action bordered on a pre-election matter, the APM lacked the locus standi to challenge Tinubu’s nomination.

Furthermore, the court held that the Supreme Court had earlier decided that a political party does not have the right to challenge a nomination that was made by another political party.

He held that sections 131 and 237 of the 1999 Constitution, as amended, made provisions for the qualification or disqualification of candidates in an election.

The court noted that the main grouse of the APM was on the alleged invalid nomination of Tinubu’s running mate, Vice-President Kashim Shettima.

He further held that Section 84(3) of the Electoral Act, 2022, stipulates that political parties should not impose qualification criteria on a candidate, except as provided for in the constitution.

It held that where an election has already been conducted and the result declared, the qualification of a candidate could no longer be challenged on the basis of sections 131 and 137 of the Constitution.

The court held that since the APM failed to challenge President Tinubu’s nomination within the constitutionally allowed period, its case, therefore, had become statute-barred.

It held that where the constitution has qualified a candidate for an election, no other law can disqualify such candidate except the constitution itself.

The court held that the issue of double nomination as alleged by the APM, was not a legal ground for disqualification.

The court held that it found no reason why Ibrahim Masari was cited as the 5th Respondent in the petition since he would not in any way be affected by the outcome of the case.

Gbenga Samson
Gbenga Samsonhttp://ThisDayLive.com
Samson Gbenga Salau [Editorial Board Adviser] Gbenga Samuel Salau is a professional journalist with over 17 years experience in journalism, he is a graduate of Communication and Language Arts, University of Ibadan. On completion of his youth service, he joined The Guardian as a freelance journalist and was later absorbed as a staff. While in the University, he was a campus journalist reporting for the Independence Hall and Faculty of Arts Press Clubs. As a campus journalist, he won the following awards; Independence Hall Press Best News writer; University of Ibadan Union of Campus Journalists’ Best News Reporter/Writer; First Runner-up, Reuben Abati Award for Investigative Journalism; Association of Faculty of Arts Students’ Press Best Reporter; University of Ibadan Union of Campus Journalists’ Best Political Writer; Winner, Reuben Abati Award for Investigative Journalism, and University of Ibadan Union of Campus Journalists’ Best Interviewer. He served the Association of Communication and Language Arts Students, as the Public Relation Officer, the same year he was appointed the News Editor of the Association of Faculty of Arts Students Press. The following session, he was made the General Editor, and a member of the 13-man University of Ibadan Students’ Union Transition Committee. As a reporter in The Guardian, in 2014, he won the Promasidor Quill Award Best Report on Nutrition and DAME Business Reporting category. In the 2015 edition of the Promasidor Quill Award, he won the best Report on Nutrition and Brand Advocate Categories, while in 2016, he won the NMMA Print Journalist of the Year, first runner-up Golden Pen Reporter of the Year and SERAs CSR Awards. Gbenga Salau loves traveling, reading, and listening to songs with good lyrics no matter the genre.

Share post:

[tds_leads title_text="Subscribe" input_placeholder="Email address" btn_horiz_align="content-horiz-center" pp_checkbox="yes" pp_msg="SSd2ZSUyMHJlYWQlMjBhbmQlMjBhY2NlcHQlMjB0aGUlMjAlM0NhJTIwaHJlZiUzRCUyMiUyMyUyMiUzRVByaXZhY3klMjBQb2xpY3klM0MlMkZhJTNFLg==" f_title_font_family="653" f_title_font_size="eyJhbGwiOiIyNCIsInBvcnRyYWl0IjoiMjAiLCJsYW5kc2NhcGUiOiIyMiJ9" f_title_font_line_height="1" f_title_font_weight="700" f_title_font_spacing="-1" msg_composer="success" display="column" gap="10" input_padd="eyJhbGwiOiIxNXB4IDEwcHgiLCJsYW5kc2NhcGUiOiIxMnB4IDhweCIsInBvcnRyYWl0IjoiMTBweCA2cHgifQ==" input_border="1" btn_text="I want in" btn_tdicon="tdc-font-tdmp tdc-font-tdmp-arrow-right" btn_icon_size="eyJhbGwiOiIxOSIsImxhbmRzY2FwZSI6IjE3IiwicG9ydHJhaXQiOiIxNSJ9" btn_icon_space="eyJhbGwiOiI1IiwicG9ydHJhaXQiOiIzIn0=" btn_radius="3" input_radius="3" f_msg_font_family="653" f_msg_font_size="eyJhbGwiOiIxMyIsInBvcnRyYWl0IjoiMTIifQ==" f_msg_font_weight="600" f_msg_font_line_height="1.4" f_input_font_family="653" f_input_font_size="eyJhbGwiOiIxNCIsImxhbmRzY2FwZSI6IjEzIiwicG9ydHJhaXQiOiIxMiJ9" f_input_font_line_height="1.2" f_btn_font_family="653" f_input_font_weight="500" f_btn_font_size="eyJhbGwiOiIxMyIsImxhbmRzY2FwZSI6IjEyIiwicG9ydHJhaXQiOiIxMSJ9" f_btn_font_line_height="1.2" f_btn_font_weight="700" f_pp_font_family="653" f_pp_font_size="eyJhbGwiOiIxMyIsImxhbmRzY2FwZSI6IjEyIiwicG9ydHJhaXQiOiIxMSJ9" f_pp_font_line_height="1.2" pp_check_color="#000000" pp_check_color_a="#ec3535" pp_check_color_a_h="#c11f1f" f_btn_font_transform="uppercase" tdc_css="eyJhbGwiOnsibWFyZ2luLWJvdHRvbSI6IjQwIiwiZGlzcGxheSI6IiJ9LCJsYW5kc2NhcGUiOnsibWFyZ2luLWJvdHRvbSI6IjM1IiwiZGlzcGxheSI6IiJ9LCJsYW5kc2NhcGVfbWF4X3dpZHRoIjoxMTQwLCJsYW5kc2NhcGVfbWluX3dpZHRoIjoxMDE5LCJwb3J0cmFpdCI6eyJtYXJnaW4tYm90dG9tIjoiMzAiLCJkaXNwbGF5IjoiIn0sInBvcnRyYWl0X21heF93aWR0aCI6MTAxOCwicG9ydHJhaXRfbWluX3dpZHRoIjo3Njh9" msg_succ_radius="2" btn_bg="#ec3535" btn_bg_h="#c11f1f" title_space="eyJwb3J0cmFpdCI6IjEyIiwibGFuZHNjYXBlIjoiMTQiLCJhbGwiOiIxOCJ9" msg_space="eyJsYW5kc2NhcGUiOiIwIDAgMTJweCJ9" btn_padd="eyJsYW5kc2NhcGUiOiIxMiIsInBvcnRyYWl0IjoiMTBweCJ9" msg_padd="eyJwb3J0cmFpdCI6IjZweCAxMHB4In0="]
spot_imgspot_img

Popular

More like this
Related

Access, GTBank, UBA, Zenith, Others to Shutdown Branches Nationwide

September 29, 2023. Azonuchechi Chukwu. Nigerian banks are expected to close...

Unknown Gunmen abduct Army Major-General in Imo

September 29, 2023. Azonuchechi Chukwu. Unknown gunmen have ambushed and abducted...

Court remands five for attempting to sell 8-day-old baby for N30m in Kano

A Kano State Sharia court sitting in Kwana Hudu...

Pay attention to security of corps members, NYSC DG tells employers

September 29, 2023. Azonuchechi Chukwu. The Director-General, National Youths Service Corps...
Verified by MonsterInsights