Justice Inyang Ekwo of the Federal High Court sitting in Abuja, has dismissed a suit by the Peoples Democratic Party (PDP), seeking the disqualification of Asiwaju Bola Tinubu and his vice, Mr. Kassim Shettima, from contesting in the 2023 general elections.
Delivering judgment on Friday, January 13, Justice Ekwo, dismissed the suit on the ground that the PDP lacked locus standi to institute the suit.
Justice Ekwo described the suit as an abuse of the court process and that the case was caught by the principle of issue estoppel.
The PDP challenged the validity of Tinubu to contest for the 2023 presidential election as APC candidate on the ground that Mr. Shettima’s nomination as his running mate was in breach of the provisions of Sections 29(1), 33, 35 and 84{1)}(2)} of the Electoral Act, 2022 (as amended).
The PDP argued that Shettima’s nomination to contest the position of vice president and Borno Central senatorial seat contravened the law.
But the defendants urged the court to dismiss the suit for want of jurisdiction.
They argued that the PDP lacked the locus standi (legal right) to file the case, saying it was the political party’s decision to nominate whoever for the polls.
They further submitted that such an act was an internal affair of APC which they argued was non-justiciable.
Justice Ekwo agreed with the defendants. According to him, where there is no locus, the court has no jurisdiction. He dismissed the suit, describing it as an abuse of the court process.
