Why Presidential Election Tribunal struck out APM’s disqualification suit against Shettima, Tinubu

In a significant development at the ongoing Presidential Election Tribunal, on Wednesday, September 6, 2023, the case brought by the Allied Peoples Movement (APM) challenging the qualification of Vice President Kashim Shettima as a running mate to President Bola Tinubu was struck out.

The decision of the Appeal Court was read out by Justice Tsammani.

The APM had contended that Vice President Shettima’s nomination as the running mate to President Tinubu violated Section 35 of the Electoral Act 2022 and other constitutional provisions, raising concerns over his eligibility.

Section 35 of the Electoral Act 2022 states;

“Where a candidate knowingly allows himself to be nominated by more than one political party or in more than one constituency, his nomination shall be void.”

However, the tribunal, in its Preliminary Objection, ruled that the APM’s case, which centered on the issue of double nomination, should have been filed before the Federal High Court within 14 days from the day the cause of action arose. The failure to do so led to the tribunal striking out the case.

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Justice Tsammani also added that the law does not allow members of a political party to challenge the nomination of candidates of another political party.

This decision has significant implications for the ongoing legal battles surrounding the presidential election. While the APM’s case against Shettima and Tinubu has been struck out, the tribunal is set to continue with other cases, including Peter Obi and Atiku Abubakar’s petitions against President Bola Tinubu and the Independent National Electoral Commission (INEC).

The Election Tribunal proceedings are closely watched, and the outcomes of these legal battles could play a pivotal role in shaping Nigeria’s political landscape and the eventual outcome of the presidential election results. As the tribunal delves deeper into these cases, the nation waits with bated breath for its decisions on these crucial matters.