The party asked the court to rule that both Tinubu and Obi will be disqualified the moment they substituted the names of their running mates.
By Deborah Hassan
365Daily – An Abuja Federal High Court has dismissed a suit filed by the Peoples Democratic Party (PDP) against the presidential candidates of the All Progressives Congress (APC), Bola Ahmed Tinubu and Labour Party (LP), Peter Obi, respectively.
Tinubu had nominated Kabiru Masari as a surrogate running mate or placeholder in order to beat the June 17 INEC deadline for providing one.
Obi had also nominated his campaign manager, Doyin Okupe, as an interim running mate. INEC gave a grace period of about one month to substitute their names.
After weeks of consultations, Tinubu and Obi nominated former Borno State Governor, Sen. Kashim Shettima and Sen. Datti Baba-Ahmed respectively, while Masari and Okupe resigned.
In a judgment made on Monday, September 10, 2022, Justice Donatus Okorowo held that the suit was unknown to law and therefore “an abuse of court process.”
He stated that the court lacked jurisdiction to entertain the matter, also held that the suit did not disclose any reasonable cause of action against the respondents.
The PDP had, in a suit marked FHC/ABJ/CS/1016/2022, sued the Independent National Electoral Commission (INEC), APC, Tinubu, Kabiru Masari, LP, Obi and Doyin Okupe respectively as 1st to 8th respondents respectively.
The party urged the court to compel INEC to prevent Tinubu and Obi from replacing their running mates with Sen. Kashim Shettima and Sen. Datti Baba-Ahmed respectively.
It also prayed the court to declare that Tinubu and Obi be disqualified unless they contest alongside their previous running mates – Masari and Okupe respectively.
In the originating summons with suit number FHC/ABJ/CS/1016/2022, the PDP sought an order barring the INEC from replacing the running mates of Tinubu and Obi.
However, the PDP asked the court to determine if by the combined interpretation of Section 142(1) of the constitution, Section 29(1), 31 and 33 of the Electoral Act 2022, and INEC’s timetable, Tinubu and Obi are bound by the submission of Masari and Okupe respectively as their running mates.
The party also asked the court to determine if “by the combined interpretation of Section 142(1) of the Constitution of the Federal Republic of Nigeria, Sections 29(1), 31, 33 of the Electoral Act 2022, the first defendant (INEC) can validly accept any change or substitution of the 4th (Masari) and 7th (Okupe) defendants as running mates of the 3rd (APC) and 6th (Labour Party) defendants.”
The PDP sought five reliefs including a declaration that by the combined interpretation of Section 142(1) of the constitution, Section 29(1), 31 and 33 of the Electoral Act 2022 and INEC’s timetable, both Tinubu and Obi must be bound by their submission.
The party asked the court to rule that both Tinubu and Obi will be disqualified the moment they substituted the names of their running mates.
One of the reliefs reads, “A declaration that by the combined interpretation of Section 142(1) of the Constitution of the Federal Republic of Nigeria 1999 (as amended), Sections 29(1), 31, 33 of the Electoral Act 2022, the 1st defendant’s (INEC’s) election timetable, the 3rd (Tinubu) and 6th (Obi) cannot validly contest the 2023 Presidential election without the 4th (Masari) and 7th (Obi) respondents as their respective running mates.”
The PDP also based its argument on the fact that the term ‘placeholder’ is unknown to Nigerian law.
“The Electoral Act makes no provisions whatsoever for placeholder or temporary running mates. The acts of the 2nd (APC), 3rd (Tinubu), 5th (Labour Party ) and 6th (Obi) defendants in nominating and forwarding the names of the 4th (Masari) and 7th (Okupe) defendants as running mates for the 2023 Presidential elections is valid and subsisting,” the party added.
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