Court delivers judgement in PDP’s suit seeking to disqualify Tinubu, Shettima
A Federal High Court, Abuja, on Friday, dismissed a Peoples Democratic Party (PDP)’ 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.
Delivering judgment, Justice Inyang Ekwo, dismissed the suit on the ground that the PDP lacked locus standi to institute the suit.
Justice Ekwo, who held that the case was caught by the principle of issue estoppel, described the suit as an abuse of court process.
The News Agency of Nigeria (NAN) reports that the 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.
In the suit filed on July 28, 2022, the party 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).
It argued that Shettima’s nomination to contest the position of vice president and Borno Central Senatorial seat contravened the law.
The PDP, which sought an order disqualifying the APC, Tinubu and Shettima from contesting the presidential election scheduled for Feb. 25, also sought an order nullifying their candidacy.
It further sought an order compelling INEC to remove their names from its list of nominated or sponsored candidates eligible to contest the poll.
But the defendants, in their preliminary objection filed by Lateef Fagbemi, SSN, 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 affairs 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.
According to him,.where there is no locus, the court has no jurisdiction.
He said the court found that the action was incompetent for lack of locus standi.
Ekwo held that that matter bordered on the internal affairs of the APC in which the PDP lacked locus to file the case.
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.
He, therefore, said that since the PDP had no locus standi, it also did not have any cause of action against the defendants.
Justice Ekwo also agreed with the defendants that the suit was an abuse of court process.
“It is express in the provision of Section 29 (5) of the Electoral Act, 2022 that the right of action on the matter for which the applicant/respondent (PDP) has filed this action is given to ‘any aspirant who participated in the primaries of his political party’,” he said.
The judge said that it had been established that the PDP was not an aspirant of the APC.
“Therefore, there is no iota of law which support this action. It is on this ground that I find that this case is an abuse of process and I so hold,” he said.
Justice Ekwo, consequently, dismissed the suit for constituting an abuse of court process.
The prosecutor, PC Olapeju Durodola, told the court that the defendant and others now at large committed the offences on Nov. 30, 2024, at Mufu Lanihun, at Yidi Agugu in Ibadan.
She said that the defendant allegedly
added a substance to her boyfriend’s drink, one Waris Olamilekan, to make him lose consciousness.
According to her, the defendant stole the money after adding the substance in the complainant’s drink.
Durodola said the offences contravened Sections 390(9) and 516 of the Criminal Code, Laws of Oyo State, 2000.
The Chief Magistrate, Mrs Olabisi Ogunkanmi, admitted the defendant to bail in the sum of N2 million with two sureties in like sum.
Ogunkanmi said one of the sureties must be a property owner within the court’s jurisdiction, while the second surety must be a blood relation to the defendant.
She, thereafter, adjourned the matter until May 26 for hearing.(NAN)
News
Supreme Court nullifies Rivers Local Govt elections conducted by Gov Fubara
Supreme Court nullifies Rivers Local Govt elections conducted by Gov Fubara
The Supreme Court on Friday, nullified the Local Government election in Rivers, which was conducted on Oct. 5, 2024.
A five-member panel of the apex court unanimously held that the election was conducted in violation of relevant laws.
Justice Jamilu Tukur, in the lead judgment, agreed with the appellant, the All Progressives Congress (APC), that conditions precedent were not complied with before the Rivers State Independent Electoral Commission (RSIEC) held the election.
Justice Tukur held that there was no evidence that the voters’ registration continued until 90 days before the election and that the requisite notices were issued as required by law.(NAN)
News
Akpabio harassing me because I refused his s3xual advances – Senator Natasha alleges
Akpabio harassing me because I refused his s3xual advances – Senator Natasha alleges
The Senator representing Kogi Central, Natasha Akpoti-Uduaghan, has accused Senate President Godswill Akpabio of sexual harassment, reigniting a heated public dispute.
Speaking on ARISE TV on Friday, Akpoti-Uduaghan revealed her allegations, which follow a previous confrontation with Akpabio over the unauthorized change of her Senate seat.
The controversial seat change sparked a tense argument between the two, leading to Akpoti-Uduaghan being referred to the Senate’s Committee on Ethics, Privileges, and Public Petitions for disciplinary review.
Chaired by Senator Neda Imaseun (LP, Edo South), the committee was given two weeks to present its findings after lawmakers revisited the matter. They emphasised the importance of adhering to parliamentary rules and maintaining decorum.
Adding fuel to the fire, Akpoti-Uduaghan has filed a N100.3 billion fundamental human rights lawsuit against Akpabio. During her interview, she claimed to have evidence supporting her allegations, including screenshots of WhatsApp conversations between her and Akpabio.
She also stated that her husband is a witness to the events, and she challenged the Department of State Services (DSS) to examine the conversations for further details, as Akpabio frequently contacted her via the messaging platform.
She said: “My issue with Akpabio started on 8th of December, 2023 when myself and my husband visited Akwa Ibom for Senator Akpabio’s birthday. Akpabio was showing me around his house and was holding my hands with my husband following behind us when he said, he wants me to come and be spending special moments in his house. My husband heard him and later told me not to travel abroad alone or be with the Senate President alone.
“In February, I wanted to move a motion for the investigation on the ills of the corrupt practice in a Ajaokuta steel company. I listed that motion five times. It was the sixth time that it was listed on the order paper that was approved. Many senators can testify to that.
“Before the motion made the order paper, I went to the Senate President in his office, and I said, Senate President,’ you know how important this Ajaokuta Steel Company is to me, you know how important it is to my people and to Nigerians. I’ve noticed that you have stepped down this motion’. As a matter of fact, a number of senators told me to see him and plead with him so that he would take it. I was like, ‘sir, please, why can’t you take this motion? It’s very important’ Then, it was listed the third time and stepped down.
“He then said, ‘Natasha, I’m the Chief presiding officer of the Senate, you can enjoy a whole lot if you take care of me. Make me happy’. At that point, I said, ‘Sir, I’ll pretend that I didn’t hear this’. He said, ‘well, the ball is in your court’. I left his office
“My case is a case of a student being punished by a lecturer for refusing to sleep with him.”
Akpabio has not yet responded to the allegation, which is currently trending online.