The Supreme Court on Monday fixed May 26, 2023, to deliver judgment in an appeal brought before it by the Peoples Democratic Party (PDP) against Bola Ahmed Tinubu and Kashim Shettima of the All Progressives Congress (APC).
INFORMATION NIGERIA gathered that the suit which was filed on July 28, 2022, the PDP claimed that Shettima’s nomination as Tinubu’s running mate was in breach of the provisions of sections 29(1), 33, 35, and 84(1)(2) of the Electoral Act 2022.
The party argued that Shettima’s nomination to contest the position of Vice-President and Borno Central Senatorial District seat at the same time contravened the law.
Meanwhile, a five-member panel of Justices of the apex court, led by Justice John Okoro fixed the date after all the parties involved adopted and argued their briefs in the matter.
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While the counsel to the APC, Mr Babatunde Ogala (SAN) asked the court to strike out the case since the 180 days stipulated by law to hear the case has elapsed, Mr Joe Agim (SAN), who represented the PDP argued that the issue of 180 days does not apply because the matter of double nomination was purely an illegality and because illegality cannot stand, the court has the right to entertain the matter.
He said the apex court will determine whether there was a double nomination and whether they have locus standi (legal right) to do so.
According to Agim, “They have done that before, they did it in the case of Nwosu and APC and they will do it again.”
The counsels to the first respondent, the Independent National Electoral Commission (INEC), Mr Adebiyi Adetosoye and Ogala representing the APC, respectively, asked that the case be dismissed, with heavy costs awarded against the appellant.
