The Presidential Election Petitions Court (PEPC) has declared that it lacks the powers to hear the petition of the Allied Peoples Movement (APM) challenging the qualification of President Bola Tinubu and Kashim Shettima.
Reading the lead judgment on Wednesday, Justice Haruna Tsammani, held that the issues brought before the tribunal are pre-election matters, which ought to have been at a high court.
Tsammani ruled that the tribunal lacks the jurisdiction to hear or determine an issue bordering on the qualification or non-qualification of a candidate, adding that APM lacks the locus standi to challenge the qualification of a candidate in another political party.
However, the leader of the five-panel of justices added that the timeframe of 180 days within which to determine the issue had elapsed, adding that the petition is devoid of any merit.
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The judge said matters of qualification and disqualification are guided by the provisions of sections 131 and 137(1)(a)(j) of the Nigerian Constitution, adding that the issue complained of was an internal affair of a political party.
Tsammani said the alleged double nomination against Shettima has no substance, having been settled by the Supreme Court, adding that the tribunal said only an aspirant who took part in a primary election could challenge the outcome of such an election.
The judge added that the issue of qualification or non-qualification is a pre-election matter that should have been ventilated at the federal high court within 14 days after the conduct of a primary election.
Justice Tsammani referred to the judgment of the Supreme Court delivered on May 26, where the apex court dismissed an appeal filed by the Peoples Democratic Party (PDP).
He held that there is evidence before the tribunal to prove that Shettima sent a letter to the Independent National Electoral Commission (INEC) on July 6, resigning his position as Borno central senatorial candidate and that his nomination as vice-president cannot be regarded as a double nomination.
