Tribunal Throws Out APM’s Petition Seeking Tinubu, Shettima’s Disqualification

The Presidential Election Petitions Court (PEPC) has declared that it lacks the powers to hear the petition of the Allied Peoples Movement (APM) challenging the qualification of President Bola Tinubu and Kashim Shettima.

Reading the lead judgment on Wednesday, Justice Haruna Tsammani, held that the issues brought before the tribunal are pre-election matters, which ought to have been at a high court.

Tsammani ruled that the tribunal lacks the jurisdiction to hear or determine an issue bordering on the qualification or non-qualification of a candidate, adding that APM lacks the locus standi to challenge the qualification of a candidate in another political party.

The leader of the five-panel of justices added that the timeframe of 180 days within which to determine the issue had elapsed, adding that the petition is devoid of any merit.

The judge said matters of qualification and disqualification are guided by the provisions of sections 131 and 137(1)(a)(j) of the Nigerian Constitution, adding that the issue complained of was an internal affair of a political party.

Tsammani said the alleged double nomination against Shettima has no substance, having been settled by the Supreme Court, adding that the tribunal said only an aspirant who took part in a primary election could challenge the outcome of such an election.

The judge said the issue of qualification or non-qualification is a pre-election matter that should have been ventilated at the federal high court within 14 days after the conduct of a primary election.

Justice Tsammani referred to the judgment of the Supreme Court delivered on May 26, where the apex court dismissed an appeal filed by the Peoples Democratic Party (PDP).

He held that there is evidence before the tribunal to prove that Shettima sent a letter to the Independent National Electoral Commission (INEC) on July 6, resigning his position as Borno central senatorial candidate and that his nomination as vice-president cannot be regarded as a double nomination.

Naija News reports that APM had contended that Tinubu and Shettima were not validly nominated to contest the February 25.

They argue that the combined reading of sections 131(c) and 142(2) of the Nigerian Constitution, 1999, and Section 133 of the Electoral Act made them invalid.

They contend that when Kabiru Masari announced his withdrawal as an APC placeholder on June 24, 2022, to the date Shettima’s name was forwarded to INEC on July 14, 2022, was 21 days which breached Section 33 of the Electoral Act, 2022, which provides for 14 days for the replacement of a candidate for an election.