A Federal High Court in Abuja on Friday threw out a suit instituted by the Peoples Democratic Party (PDP) seeking disqualification of the Presidential candidate of the All Progressives Congress (APC), Bola Ahmed Tinubu and his Vice, Kashim Shetima over alleged double nomination.
Justice Inyang Edem Ekwo dismissed the case on four major grounds of law.
The grounds are that PDP which instituted the suit has no legal right to have done so, that the suit was statute-barred, constituted a gross abuse of the Court process and that there was no cause of action established.
PDP had sued the Independent National Electoral Commission (INEC), APC, Tinubu and Shettima as 1st to 4th defendants respectively.
In the suit dated and filed July 28 by Karina Tunyan, SAN, the PDP prayed for an order disqualifying the APC, Tinubu and Shettima from contesting the presidential election scheduled to hold on February. 25, 2023.
PDP also asked the court to declare that by virtue of Section 35 of the Electoral Act, 2022, “the nomination of the 4th defendant (Shettima) is void for allowing himself to be nominated in more than one constituency.
However, Justice Ekwo in his judgment held that PDP has no locus standi to have dabbled into the internal affairs of the APC.
The Judge said, besides, that the suit was filed outside the time stipulated by law.
