The Supreme Court has struck out a suit seeking the disqualification of the president-elect, Bola Tinubu and the vice president-elect, Kashim Shettima, over the alleged double nomination.
The appeal was brought by the Peoples Democratic Party (PDP) through their counsel, Mike Ozekhome (SAN), alleging that Shettima had double nomination as the senatorial candidate for Borno Central Senatorial District and vice-presidential candidate under the All Progressives Congress (APC).
But the apex court held that the PDP lacked the locus standi to bring the action since the party was not a member of the APC.
The appeal was earlier dismissed by the Federal High Court and the Court of Appeal for lack of locus standi and a cost of N5 million against the PDP. Dissatisfied, the party approached the apex court.
The PDP had asked the apex court to hear the matter on its merit and determine the grounds set out for the suit.
In the suit filed on July 28, 2022, the PDP claimed that the double nomination breached the provisions of sections 29(1), 33, 35, and 84(1)(2) of the Electoral Act, 2022.
PDP submitted that Shettima was still the nominated senatorial candidate on July 14, 2022 having emerged in the May primary of the APC, when he was again nominated the vice presidential candidate.
The party submitted that he withdrew his senatorial nomination on July 15, 2022, and was by then in breach of Section 33 on multiple nominations.
However, on January 13, Justice Inyang Ekwo of the Federal High Court, Abuja dismissed the suit on the grounds that the PDP lacked the locus standi.