THE NATION
No fewer than 18 cases were instituted before the February 25 presidential election by individuals, groups and political parties, with the sole aim of voiding the Bola Tinubu/Kashim Shettima joint ticket.
The majority of the pre-election cases queried Tinubu and Shettima’s qualifications to stand for election, while others challenged the primary election from which they emerged as the presidential and vice presidential candidates of the All Progressives Congress (APC).
Most of the cases were, however, terminated unceremoniously either for lack of locus standi (the right to sue on the issue raised) or for being statute-barred.
Suit by ex-Minister of State for Education, Nwajiuba
The Supreme Court, on March 30 dismissed an appeal filed by former Minister of State for Education, Dr. Chukwuemeka Nwajiuba, challenging Tinubu’s candidacy.
In a unanimous judgment, a five-member panel led by Justice John Okoro found that the case was statute-barred and that it had become an academic exercise.
The apex court dismissed the appeal after the appellant’s lawyer, John Kalu, applied to withdraw it shortly after the court drew his attention to the fact that his case was filed at the trial court outside the 14 days allowed by the Constitution.
In the lead judgment in the appeal marked SC/CV/429/2023, Justice Okoro held: “Upon the application for withdrawal by the appellant’s counsel and without any objection from the respondents’ counsel, the appeal is dismissed.”
The Supreme Court proceeded to affirm the two previous decisions by the Court of Appeal and the Federal High Court (both in Abuja).
Nwajiuba had, in his suit before the Federal High Court, marked FHC/ABJ/CS/1114/2022, sought among others the voiding of Tinubu’s candidacy on the grounds that he and the APC allegedly failed to disclose the source of the N100million he paid for his nomination and expression of interest forms, relying on section 84(13) of the Electoral Act 2022.
Nwajiuba prayed the court, among others, to declare him as the presidential candidate of the APC on the grounds that he was the only aspirant who disclosed the source of the N100m he paid to the party for his nomination and expression of interest forms.
Listed as defendants in the suit were Tinubu, APC and the Independent National Electoral Commission (INEC).
In a judgment on November 23, 2022, Justice Zainab Abubakar of the Federal High Court, Abuja upheld the preliminary objection filed by Tinubu and APC and held that Nwajiuba’s suit was statute-barred by the provisions of section 285(9) of the 1999 Constitution.
