‘Waste of precious time’: Supreme Court on not sacking Tinubu, Shettima

The Supreme Court has refused to cancel the election of Bola Tinubu as president-elect on the grounds that his vice-presidential candidate Kashim Shettima was not properly nominated by the All Progressives Congress.

– Why this matters

The Peoples Democratic Party had argued that Mr Shettima was a candidate for the Senate at the time he was picked last year to run with Mr Tinubu. The party said the “double-nomination” violated the electoral law and invalidated the joint presidential ticket.

Mr Tinubu was declared president-elect in February by the Independent National Electoral Commission. His emergence is being challenged on several other grounds in court by the PDP and Labour Party.

If the Supreme Court had agreed with the PDP on Friday, Mr Tinubu would have been disqualified as president-elect.

– Key points to note

In deciding the “double nomination” question on Friday, five justices of the court led by Inyang Okoro said the PDP had no right to complain about decisions taken by another party.

Adamu Jauro, who read the judgement, said the PDP had dabbled into an internal affair of the APC.

“It should be noted that no political party can challenge the nomination of another political party,” he said.

“A political party lacks the right to challenge the activities of INEC on account of the nomination of another political party’s candidate. No court has the jurisdiction to entertain such a suit by another party.”

The court also ruled that even where the PDP had the right to file such a suit, it would not be able to do so anymore because it was “statute-barred”, meaning the allowed time for such case had passed.

“It is clear that the suit is statute-barred. Hence this court has no power to delve into the merit of the suit,” Mr Jauro said. “It is frivolous and bound to fail, fraught with manifest malady. It has been a waste of precious time and judicial energy.”

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Lower courts had earlier given similar rulings. Justice Inyang Ekwo of the high court ruled in January in favour of the APC and the appeals court did the same on March 25.

At the Supreme Court, the PDP was represented by Joe Agi, while Babatunde Ogala represented Mr Tinubu and the APC.

Adebiyi Adetosoye, stood for Inec, which supported the APC.

“I am in complete agreement with the Appeal Court that the PDP lacks the right to file this suit,” the judge said.

“The appellant was unable to point to where the lower court determined the substantive issues on its merit.

“Counsel should do better to advise their clients to desist from suit frivolous matters. The appeal is grossly lacking in merit and it is hereby dismissed.”

The court awarded N2 million against PDP.

Mr Tinubu is due to be sworn into office on Monday, May 29. On Thursday, he received Nigeria’s highest award, Grand Commander of the Federal Republic, GCFR. His deputy Mr Shettima received Grand Commander of the Niger, GCON.