Atiku reveals next line action after Supreme Court dismissal of suit against Tinubu/Shettima

Presidential candidate of the Peoples Democratic Party (PDP), Atiku Abubakar has disclosed his next line of action following, Friday’s dismissal of the suit he instituted against the President-elect, Bola Tinubu and his vice, Kashim Shettima of the All Progressives Congress (APC) seeking their disqualification in the just-concluded in the February 25, 2023 election.

Delivering judgement in the suit, the five-man panel led by Justice John Okoro held that the appellant (plaintiff) relied greatly on section 248(14c) of the constitution, which however, also deprived them of the locus as its bars interference of political parties into the affairs of other political parties.

According to Justice Okoro, the appellant did not participate in the election or nomination of the 4th respondent (Shettima), as Section 84 of the electoral act only empowers an aspirant of a political party to institute an action in a pre-election matter.

“No political party can challenge the Nomination of the candidates of another political party, no matter how pained any person may be on how a political party nominated its candidate, the person must remain an onlooker,” the justice ruled.

The court further argued that the determination of a pre-election matter has a time limit, adding that ‘the 180 of the trial court to exercise its jurisdiction and the 60 days for the appellate court to exercise its jurisdiction has lapsed.’

The Supreme Court, therefore, ruled that the suit ‘was a waste of judicious time of the court,’ as it further awarded a cost of N2million against the plaintiff (PDP, Atiku) in favour of the respondents (Tinubu, Shettima).

The suit had also been dismissed by the Federal High Court in Abuja, as well as, the Court of Appeal also in the Federal Capital Territory (FCT) on grounds of the plaintiffs lacking the locus standi to file the case.

The PDP had approached the Court of Appeal  in the suit marked: CA/ABJ/CV/108/2023 and urged the appellate court to reverse the January 13 judgment by Justice Inyang Ekwo of the Federal High Court, Abuja which dismissed its suit on the grounds that the PDP lacked locus standi to have instituted the suit.

Justice James Abundaga, who agreed with the submissions of lawyers to the respondents, including Thomas Ojo of Lateef Fagbemi and Co, described the PDP as a busy body, who dabbled into issues that are internal affairs of the APC.

Justice Abundaga held that the trial court was right to have held that the PDP failed to establish its locus standi.

“The appellant, having failed to disclose its locus standi, this appeal fails and it is hereby dismissed,” he said and proceeded to affirm the judgment of the Federal High Court.

Justice Abundaga awarded N5million cost against the appellant’s lawyer, J. O. Olotu.

The PDP had, in the suit filed on July 28, 2022, challenged the validity of the Tinubu/Shettima ticket for the 2023 presidential election, arguing that Shettima’s nomination as the 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).

They claimed that Shettima had double nominations, the PDP argued that Shettima’s nomination as a vice-presidential candidate as well as the candidate for the Borno Central Senatorial seat contravened the law.

However, reacting to the Supreme Court judgement, Friday, in a statement on his verified Twitter handle, Friday, insisted that the apex court’s does not represent a setback in his quest for justice.

According to Atiku, the PDP legal team at the ongoing Presidential Election Petitions Tribunal in Abuja ‘is primed to robustly prove that the election of February 25 was fraudulent, did not comply with the constitutional requirements and the electoral guidelines of the Independent National Electoral Commission, and that the announced winner was not even qualified to contest the poll.’

The former Vice President, therefore, urged his supporters to ‘to exercise patience and conduct themselves peaceably,’ as the party ‘diligently conduct our litigation at the Presidential Election Tribunal Court.’

“The Supreme Court’s dismissal of the case of the @OfficialPDPNig is not a setback to my quest for justice. Our legal team is primed to robustly prove that the election of February 25 was fraudulent, did not comply with the constitutional requirements and the electoral guidelines of the Independent National Electoral Commission, @inecnigeria, and that the announced winner was not even qualified to contest the poll.

“The battle for democracy and the enthronement of a new order to spur growth and development in Nigeria is one to which I have committed my all and for which I am not ready to walk away at this point when our nation is at crossroads. We know that sooner than later, our esteemed Justices will make the pronouncement that will serve as a befitting requiem for mandate bandits.

“I urge my supporters to exercise patience and conduct themselves peaceably as we diligently conduct our litigation at the Presidential Election Tribunal Court,” Atiku said.