In a unanimous decision, the Supreme Court has upheld the eligibility of President-elect Asiwaju Bola Tinubu to participate in the presidential election held on February 25. The court, consisting of a five-member panel, declared that the opposition Peoples Democratic Party’s (PDP) appeal challenging the legality of Tinubu’s candidacy lacked merit.
The PDP argued that Tinubu’s running mate, Shettima, had been nominated twice, violating several provisions of the Electoral Act, 2022. The party sought to nullify the candidacies of both Tinubu and Shettima, urging the court to compel the Independent National Electoral Commission (INEC) to remove their names from the list of eligible candidates for the presidential poll.
Justice Adamu Jauro delivered the lead judgment on behalf of the apex court, emphasizing that the PDP had no legal right to interfere in the affairs of the ruling All Progressives Congress (APC), which nominated Tinubu and Shettima. The court upheld the decisions of the Court of Appeal and the Federal High Court in Abuja, which had previously dismissed the PDP’s case.
The Supreme Court concurred with the respondents that the provisions of the 1999 Constitution, as amended, and the Electoral Act, 2022, did not grant the PDP the legal right to challenge Shettima’s candidature based on double nomination. The court clarified that only an aspirant who participated in a political party’s primary election had the authority to contest the party’s nomination.
Furthermore, the apex court emphasized that the PDP failed to demonstrate any harm it had suffered as a consequence of the APC’s nomination. It stressed that political parties should not meddle in the internal affairs of other parties. Describing the PDP’s appeal as frivolous, the court criticized the party for wasting judicial time and warned against future such suits.
Additionally, the Supreme Court upheld the N2 million damages awarded against the PDP in favor of the respondents, expressing its disapproval of the party’s actions.