Shettima’s nomination: S/Court dismisses PDP’s appeal with N2m fine
Another court slams N17m in perjury suit against Tinubu
The Supreme Court has dismissed the appeal by the Peoples Democratic Party (PDP) seeking the disqualification of the president-elect, Bola Tinubu and the vice president-elect, Kashim Shettima, over an alleged double nomination.
In a unanimous judgement yesterday, the five-member panel of the justices, led by Justice Inyang Okoro, held that the appeal was frivolous, grossly incompetent and lacked merit.
In the leading judgement, Justice Adamu Jauro affirmed the judgments of the Federal High Court, Abuja and the Court of Appeal declaring that the PDP lacked the locus standi to maintain the action, which robbed the courts of the jurisdiction to hear it.
The apex court awarded the sum of N2million in extra cost against the PDP for the appeal to the earlier N5million by the
Court of Appeal.
The apex court held that a political party could not challenge the actions of another party, no matter how manifestly unlawful that action is, adding that the PDP did not participate in the All Progressives Congress (APC) primary that produced the party’s candidate.
The PDP, through their lawyers, Joe Agi, a Senior Advocate of Nigeria (SAN) and Mike Ozekhome (SAN), had accused Shettima of double nomination as a senatorial candidate for the Borno Central senatorial district and vice presidential candidate of the APC, which they contended breached the provisions of sections 29(1), 33, 35, and 84(1)(2) of the Electoral Act, 2022.
But Lateef Fagbemi, the lead counsel to the APC and Tinubu, argued that the PDP lacked the locus standi to bring the action, adding that the matter was within APC’s internal affairs, and thus, non-justiciable.
Another court slams N17m in perjury suit against Tinubu
Also yesterday, a Federal High Court in Abuja dismissed the suit seeking to stop the inauguration of Bola Tinubu as president of the Federal Republic of Nigeria on May 29.
A group, Concerned Nigerians, filed the suit seeking the disqualification of Tinubu over an alleged perjury on his dual citizenship of Nigeria and Guinea.
Justice James Omotosho held that the court lacked the jurisdiction to entertain the suit.
The court also held that the applicants, being participants as only voters in the February 25 presidential election, did not give them the locus standi to bring the action.
The court ordered the applicants, Praise Ilemona Isaiah, Pastor Paul Isaac Audu and Dr Anongu Moses and their lawyer, Daniel Elombah to pay the sum of N17 million to Tinubu and the APC.
They are to pay the president-elect N10m and APC N5m, while their lawyer is to pay both N1m each.
The judge ordered a 10 per cent interest on the cost until it is liquidated.
Earlier, the judge said the suit was an abuse of court as the court lacked the jurisdiction to hear all post-election matters.
The judge said “the court shall not be used as an instrument of destabilisation,” adding that it will usurp the role of the Court of Appeal under section 235 of the Nigerian constitution.
Earlier, counsel to the APC and Tinubu, Lateef Fagbemi (SAN), asked the court to award the sum of N30million as cost in favour of his clients because the Supreme Court had earlier the same day, in a similar matter by the PDP he is also involved, condemned the practice of filing frivolous applications in court.
But counsel to the Concerned Nigerians, Wilfred Eya pleaded with the judge to only caution his clients and the lead counsel as issues have not been joined in the matter but only addressed on jurisdiction.