Deborah Onyofufeke, Abuja
Justice Inyang Ekwo, of the Federal High Court, Abuja, on Friday, dismissed a suit seeking the disqualification of Sen. Bola Tinubu, the presidential candidate of All Progressives Congress (APC), and his vice, Mr Kassim Shettima, for the 2023 general elections.

The suit which was file by the opposition party, Peoples Democratic Party (PDP)’ was dismissed on the ground thatthe party lacked the locus standi to institute the suit.

PDP, in its originating summons marked: FHC/ABJ/CS/1734/2022, had sued the Independent National Electoral Commission (INEC), APC, Tinubu and Shettima as 1st to 4th defendants respectively.

The opposition party had sought an order to disqualify Tinubu and Shettima from contesting the presidential electionwhich has been slated for for Feb. 25.

The plantiff, PDP, also sought an order to nullify their candidacy and an order for the court to compell INEC to remove their names from its list of nominees or sponsored candidates eligible to contest the poll.

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They argued that Shettima’s nomination to contest the position of vice president and Borno Central Senatorial seat contravened the law.

The party further challenged the validity of Sen. Tinubu to contest for the 2023 presidential election as APC candidate on the ground that Mr Shettima’s nomination as his running mate was in breach of the provisions of Sections 29(1), 33, 35 and 84{1)}(2)} of the Electoral Act, 2022 (as amended).

The court however held that the case was caught by the principle of issue estoppel. Justice Ekwo described the suit as an abuse of court process.

The presiding judge, Justice Ekwo held that that matter bordered on the internal affairs of the APC in which the PDP lacked locus to file the case.

Meanwhile, the defendants, in their preliminary objection filed by Lateef Fagbemi, SAN, and argued by Thomas Ojo, urged the court to dismiss the suit for want of jurisdiction.

They argued that the plaintiff (PDP) lacked the locus standi (legal right) to file the case, which invariably was challenging the political party’s decision and its nomination of candidates for the polls.

They further submitted that such act was an internal affair of APC which they argued was non-justiciable.

Delivering the judgment, Justice Ekwo agreed with the defendants that the PDP had no locus standi to file the matter.

On argument about non-disclosure of cause of action against the respondents, the judge said that there was a nexus between locus standi and a cause of action.

The judge also agreed with the defendants that the suit was an abuse of court process.