Presidential Election Petition Court Dismisses APM Case (among others) filed Against President Tinubu’s in the 2023 Election Issues

Presidential Election Petition Court (PEPC), Abuja in a significant development has ruled to dismiss the case filed by the Allied Peoples Movement (APM) seeking to nullify President Bola Tinubu‘s election. The court deemed the APM’s petition as incompetent, emphasizing that the issues raised by APM pertained to pre-election matters that fall under the jurisdiction of the Federal High Court.

Presidential Election Petition Court Rules APM Lacks Standing to Challenge Tinubu’s Eligibility

Chairman of the panel of the Presidential Election Petition Court, Justice Haruna Tsammani, delivered the ruling and upheld preliminary objections raised by all the Respondents, challenging the competence of the APM’s petition.

Justice Tsammani noted that since the core issue in the petition revolved around President Tinubu‘s eligibility to contest the presidential election held on February 25, the APM should have taken legal action within 14 days after Tinubu’s nomination by the All Progressives Congress (APC).

The court ruled that since the case was based on a pre-election matter, the APM lacked the legal standing (locus standi) to challenge Tinubu’s nomination. Furthermore, Justice Tsammani cited a prior Supreme Court decision that determined political parties do not have the right to challenge the nomination made by another political party.

Constitutional Provisions in the APM’s Challenge to Tinubu’s Eligibility

The court emphasized that the Constitution (specifically sections 131 and 237 of the 1999 Constitution, as amended) provides provisions for candidate qualifications or disqualifications in an election. The main contention of the APM centered on the alleged invalid nomination of Tinubu’s running mate, Kashim Shettima.

The Presidential Election Petition Court clarified that the APM’s claim regarding qualification or non-qualification of President Tinubu revolved around the alleged invalid nomination of Kashim Shettima, which did not constitute a legally recognizable ground for disqualification. Additionally, the court found no reason to include Mr. Ibrahim Masari as the 5th Respondent in the petition, and consequently, his name was struck out.

The APM’s petition had argued that the withdrawal of Mr. Masari, initially nominated as the Vice-Presidential candidate of the APC, invalidated Tinubu’s candidacy, citing relevant sections of the 1999 Constitution.