Green light for Tinubu’s inauguration as S’Court dismisses suit against Shettima
FHC also dismissed Tinubu’s perjury suit over Guinea citizenship
BY ANDREW OROLUA
The Supreme Court on Friday in a unanimous judgment dismissed the appeal filed by the People Democratic Party, PDP, challenging the President-elect Ahmed Bola Tinubu’s candidacy on the grounds of alleged double nomination of his running mate, Alhaji Kashim Shettima.
The unanimous decision on the pre-election matter and Federal High Court Abuja ruling yesterday that dismissed a suit on his perjury allegation have cleared the coast for Asiwaju Tinubu’s inauguration on Monday, May 29 leaving him without any legal encumbrances, at least for now, because this has nothing to do with Atiku Abubakar and Peter Obi petitions pending before the Presidential Election Petition Court, PEPC.
Recall , PDP, had in an originating summon brought the action on double nomination before the Federal High Court Abuja after Asiwaju Tinubu of the All Progressives Congress, APC, on July 14, 2023 nominated Alhaji Kashim Shettima who was the candidate of the party for Borno Central Senatorial District as his running mate.
Delivering the lead judgment of the Supreme Court, Justice Adamu Jauro said that both Court of Appeal and the the Federal High Court were right in the concurrent decisions that dismissed the appeal and the suit, respectively.
He said that it was clear from the statute, especially the Electoral Act 2022 that People Democratic Party lacked the locus standi, the requisite right to interfer in the internal affairs of All Progressive Congress, APC. Therefore, had no locus standi to have instituted the legal action.
Justice Jauro said that only a member of the political party or an aspirant who participated in the party primary can challenge the action in court.
“As the plaintiff has no legal right to institute the action, no court can give that right,” he said.
He explained that section 285 of the Constitution of Federal Republic of Nigeria which the appellant counsel relied upon, only allows political parties to challenge the activities of the Independent National Electoral Commission, INEC,.
Justice Jauro notes that both lower courts did not make pronouncement on the merit of the suit. The Supreme Court cannot now exercise its jurisdiction on the merit because the time allowed for pre-election matter hearing has elapsed.
This is appeal lack merit and is hereby dismissed and a cost of two million Naira awarded against the appellant in favour of the respondents, he held.
But in their contributions to the lead judgement, Justices Inyang Okoro, Amina Augie, Helen Ogunmwumiju and Justice Emmanuel Agim dived into the merit of the appeal as the four justices agreed that Shettima nomination as Vice President did not amount to double nomination.
According to Justice Inyang Okoro, “attitude of the appellant amounted to misleading the court, because Shettima withdrew his nomination for the senatorial seat and accepted his nomination for the Vice President.
On her part, Justice Amina Augie took time to explain and she distinguished Uche Nwosu of Imo state case of 2019 and Kashim Shettima case. She said while Nwosu accepted governorship nomination for Action Alliance, AA, and All Progressive Congress, APC, Shettima relinquished his nomination when he was nominated as the Vice Presidential candidate.
According to her: “Similar situation occurred in 1999 when President Olusegun Obasanjo nominated the then Governor -Elect of Adamawa State Atiku Abubakar as his Vice President,”
She said the Supreme Court ruled in favour of Bonny Haruna who replaced Atiku as the governor from his running mate position.
Justice Ogunmwumiju said neither the Electoral Act nor the Political party guideline forbid replacement of candidates during nomination.
While Justice Emmanuel Agim said that the APC merely gave Shettima option to choose between the senatorial and Vice President constituencies adding that it was clear that he did not plan to hold double nomination.
Also yesterday , the President-elect Ahmed Bola Tinubu scaled through another legal action at Federal High Court that was seeking to stop his inauguration on May 29.
Justice James Omotosho in a ruling on Friday held that the suit filed by Praise Ilemona Isaiah, Pastor Paul Isaac Audu and Dr Anongu Moses and marked: FHC/ABJ/CS/657/2023 was frivolous and abuse of court process.
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The judge also ruled that the plaintiffs lacked locus standi (legal right) to commence the action. Therefore, the court lacked jurisdiction to entertain the suit, it being a post-election matter which ought to have been filed at the Appeal Court.
The plaintiffs had in the suit listed the president, Tinubu, All Progressives Congress (APC), the Attorney-General of the Federation (AGF) and the Director-General, the Department of State Services (DSS) as 1st to 5th defendants respectively.
They also listed the Inspector-General of Police and the Independent National Electoral Commission (INEC) as 6th and 7th defendants respectively.
In their motion dated May 18 and filed May 22, the applicants sought an order of interim injunction restraining the 2nd defendant (Tinubu) from being sworn in as the president of the Federal Republic of Nigeria pending the hearing and determination of the motion on notice.
In a 10-ground argument attached to the motion, the applicants said the APC candidate contested the last presidential election and was declared to have won the poll by INEC (7th defendant).
They said though Tinubu was billed to be sworn in as president on May, 29, they had uncovered that Tinubu, contrary to the affidavit he deposed to in INEC’s Form EC9, besides being a Nigerian, was also a citizen of Guinea Republic, thereby committing the offence of perjury, among others.
