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Court dismisses PDP’s suit seeking disqualification of Tinubu, Shettima
A Federal High Court, Abuja, on Friday, dismissed a Peoples Democratic Party (PDP)’ suit seeking the disqualification of Sen. Bola Tinubu, the presidential candidate of All Progressives Congress (APC), and his vice, Mr Kassim Shettima, for the 2023 general elections.
Delivering judgment, Justice Inyang Ekwo, dismissed the suit on the ground that the PDP lacked locus standi to institute the suit.
Justice Ekwo, who held that the case was caught by the principle of issue estoppel, described the suit as an abuse of court process.
The News Agency of Nigeria (NAN) reports that the PDP, in its originating summons marked: FHC/ABJ/CS/1734/2022, had sued the Independent National Electoral Commission (INEC), APC, Tinubu and Shettima as 1st to 4th defendants respectively.
In the suit filed on July 28, 2022, the party challenged the validity of Sen. Tinubu to contest for the 2023 presidential election as APC candidate on the ground that Mr Shettima’s nomination as his 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).
It argued that Shettima’s nomination to contest the position of vice president and Borno Central Senatorial seat contravened the law.
The PDP, which sought an order disqualifying the APC, Tinubu and Shettima from contesting the presidential election scheduled for Feb. 25, also sought an order nullifying their candidacy.
It further sought an order compelling INEC to remove their names from its list of nominated or sponsored candidates eligible to contest the poll.
But the defendants, in their preliminary objection filed by Lateef Fagbemi, SSN, and argued by Thomas Ojo, urged the court to dismiss the suit for want of jurisdiction.
They argued that the plaintiff (PDP) lacked the locus standi (legal right) to file the case, which invariably was challenging the political party’s decision and its nomination of candidates for the polls.
They further submitted that such act was an internal affairs of APC which they argued was non-justiciable.
Delivering the judgment, Justice Ekwo agreed with the defendants that the PDP had no locus standi to file the matter.
According to him,.where there is no locus, the court has no jurisdiction.
He said the court found that the action was incompetent for lack of locus standi.
Ekwo held that that matter bordered on the internal affairs of the APC in which the PDP lacked locus to file the case.
On argument about non-disclosure of cause of action against the respondents, the judge said that there was a nexus between locus standi and a cause of action.
He, therefore, said that since the PDP had no locus standi, it also did not have any cause of action against the defendants.
Justice Ekwo also agreed with the defendants that the suit was an abuse of court process.
“It is express in the provision of Section 29 (5) of the Electoral Act, 2022 that the right of action on the matter for which the applicant/respondent (PDP) has filed this action is given to ‘any aspirant who participated in the primaries of his political party’,” he said.
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The judge said that it had been established that the PDP was not an aspirant of the APC.
“Therefore, there is no iota of law which support this action. It is on this ground that I find that this case is an abuse of process and I so hold,” he said.
Justice Ekwo, consequently, dismissed the suit for constituting an abuse of court process.
President Bola Tinubu, on Tuesday arrived in Katsina to receive the remains of the former President Muhammadu Buhari, who passed away in London on Sunday at the age of 82.
Just hours before the burial of former President Muhammadu Buhari, heartfelt tributes have continued to pour in from beneficiaries of his many charitable deeds, with many describing him as a man who never turned his back on the needy.
Speaking to the News Agency of Nigeria (NAN) on Tuesday, Aminu Daura, a respected community elder, recalled how Buhari consistently provided foodstuffs during Ramadan for families, friends, widows, and orphans in his hometown.
“He never made noise about it, but many homes had food on their tables during fasting period because of him,” Daura said.
Abdullahi Sani, a physically-challenged man who received a tricycle from the Buhari Foundation in 2021, was overcome with emotion while speaking to NAN.
“I can move around and feed my family today because of Baba Buhari. I pray to Allah to reward him for giving hope to people like me,” he said, in tears.
Hajiya Fatima Yahaya, another resident, remembered Buhari’s acts of kindness during festive seasons.
“Even after he left office, his aides ensured that the usual support still reached us every year. He always remember his people,” she said, referring to his distribution of Sallah rams and food items to indigent families during Eid celebrations.
Other residents of Daura also shared memories of how the late former president quietly paid school fees and medical bills for struggling families, actions rarely publicized.
“Some of us benefited from his silent interventions. He was a true father and a great figure in the society,” said Ali Saidu.
On Monday night, Imams across various mosques in Daura held special Qur’anic recitations, praying for the forgiveness of Buhari’s sins and his eternal peace.
The Chief Imam of Daura Central Mosque, Sheikh Musa Kofar Barau, described Buhari as a humble leader whose legacy of service and compassion would remain alive in the hearts of the people.
Buhari is scheduled to be buried later on Tuesday in his hometown of Daura, Katsina State, in line with Islamic rites. The community is bracing to welcome thousands of mourners from across Nigeria and beyond.
His Majesty King Mohammed VI of Morocco has extended heartfelt condolences to President Bola Tinubu, the family of the late former President Muhammadu Buhari, and the entire Nigerian people following Buhari’s death.
In a message of sympathy, the Moroccan monarch described the passing of the former Nigerian leader as a “sad occurrence,” expressing deep sorrow over the loss.
King Mohammed VI hailed Buhari as “an illustrious leader who worked untiringly to serve his country’s best interests and lead his people toward further progress and prosperity.”
He added: “Our thoughts and prayers are with you and the bereaved. I share your grief and want you to know how much I appreciated the working sessions I had with the deceased.”
Reflecting on their bilateral engagements, the king noted that his collaboration with Buhari led to the launch of promising development projects, “ushering a new era grounded in friendship and close cooperation between our two sister nations.”
Tinubu arrives Katsina to receive Buhari’s body for burial
“He Never Turned His Back on the Needy” — Tributes Pour In Ahead of Buhari’s Burial
King Mohammed VI Mourns Buhari, Praises Legacy of Nigeria’s Former Leader
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