Tribunal dismisses APM’s suit challenging Tinubu, Shettima’s eligibility

The Presidential Election Petition Tribunal (PEPT) sitting at the Court of Appeal in Abuja on Wednesday struck out the petition filed by the Allied Peoples Movement (APM) on the eligibility of President Bola Tinubu and Vice President Kashim Shettima to contest the 25th February 2023 election.

The tribunal’s Chairman, Justice Haruna Tsammani, who read the judgement, said the tribunal lacks the jurisdiction to hear or determine an issue bordering on qualification or non-qualification of a candidate.

Tsammani said the alleged double nomination claim made against Shettima has no substance, having been settled by the Supreme Court. He said no one has the right to litigate on it again.

PEPT 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.

The tribunal also said that APM lacks the locus standi to challenge the qualification of a candidate in another political party.

The tribunal said only an aspirant who took part in a primary election can challenge the outcome of such election.

It referred to the judgement of the Supreme Court delivered on 26th May, this year in which it dismissed an appeal filled by the Peoples Democratic Party (PDP).

In its petition, APM submitted that Shettima was still a senatorial candidate as of 14th July when he was nominated as the vice presidential candidate.

Tsammani held that there is evidence before the tribunal to prove that Shettima sent a letter to the Independent National Electoral on 6th July, resigning his position as Borno Central senatorial candidate, adding that his nomination as vice presidential candidate cannot be regarded as a double nomination.

The tribunal will rule on other petitions by the PDP and Labour Party, and their presidential candidates.