The Presidential Election Petitions Tribunal sitting in Abuja has struck out the suit filed by the Allied Peoples Movement (APM) accusing Vice-President Kashim Shettima of the All Progressives Congress (APC) of double nomination in the 2023 general elections.  

The Chairman of the panel, Justice Haruna Tsammani, who read the lead judgement, held that an invalid nomination or double nomination did not qualify as a ground for disqualification in respect of the presidential election as provided in sections 131 and 137 of the constitution.

He also held that Mr Ibrahim Masari, who was nominated as a placeholder by the APC (for the position of the Vice President), was not a necessary party to the petition because he was neither a candidate nor did he win the election.

It added that even if the tribunal had powers to hear the case, it has already become statute barred, having not been filed within 14 days as prescribed by law.

According to the tribunal, its findings showed that the case of the APM was premised on the alleged unlawful nomination and sponsorship of the vice president, Kashim Shettima, which ought to be a pre-election matter.

In further holding that the suit was incompetent, the tribunal agreed with the respondents that the petitioner lacked the necessary locus standi to file the case in the first place, since it did not participate in the primary election of the APC.

Reading his verdict, Tsammani said the matter ought to have been challenged before the conduct of the presidential election. 

He said, “The issue of qualification or disqualification is a constitutional one. The issue of disqualification or qualification is a pre-election matter. 

“It must be determined before the conduct of the election. This court has no jurisdiction to hear the matter and even if it does it is status-barred because it is a pre-election matter.”

Meanwhile, delivering judgment in the main petition, the panel held that the petitioner failed to prove that Tinubu breached Section 35 of the Electoral Act, 2022, when he nominated Shettima as his Vice, adding that it was the president's prerogative to choose his running mate.

Besides, the tribunal, while pointing out that Shettima did not knowingly present himself for double nomination, stated that the case of the petitioner was faulty because Shettima never obtained any nomination form for the position of Vice President and did not contest any primary election for the position.