A Federal High Court, Abuja, yesterday, dismissed a suit filed by Peoples Democratic Party (PDP) against Bola Tinubu and Peter Obi, presidential candidates of the All Progressives Congress (APC) and the Labour Party (LP) respectively.
Justice Donatus Okorowo, in a judgment, held that the suit was unknown to law and hence, described it as “an abuse of court process.”
Okorowo, who said the court lacked jurisdiction to entertain the matter also held that the suit did not disclose any reasonable cause of action against the respondents.
“When a court finds out that a suit is an abuse of court process, the court has the right to dismiss it.”
The PDP had, in a suit marked: FHC/ABJ/CS/1016/2022, sued the Independent National Electoral Commission (INEC), APC, Tinubu, Kabiru Masari, LP, Obi and Doyin Okupe respectively as 1st to 8th respondents respectively
The PDP asked the court to compel INEC to prevent Tinubu and Obi from replacing their running mates with Kashim Shettima and Datti Baba-Ahmed respectively.
The PDP is also asking the court to declare that Tinubu and Obi be disqualified unless they contest alongside their previous running mates – Masari and Okupe respectively.
In the originating summons with suit number, FHC/ABJ/CS/1016/2022, the PDP sought an order barring the INEC from replacing the running mates of Tinubu and Obi.
Tinubu had initially nominated Masari as a surrogate running mate or placeholder to beat the June 17 INEC’s deadline.
Obi had also nominated his campaign manager, Okupe, as an interim running mate. However, INEC gave a grace period of about one month to substitute their names.
After weeks of consultations, Tinubu and Obi nominated Shettima and Baba-Ahmed respectively while Masari and Okupe resigned.
However, the PDP asked the court to determine if by the combined interpretation of Section 142(1) of the constitution, Section 29(1), 31 and 33 of the Electoral Act 2022, and INEC’s timetable, Tinubu and Obi are bound by the submission of Masari and Okupe respectively as their running mates.
The party also asked the court to determine if “by the combined interpretation of Section 142(1) of the constitution, Sections 29(1), 31, 33 of the Electoral Act 2022, the first defendant (INEC) can validly accept any change or substitution of the 4th (Masari) and 7th (Okupe) defendants as running mates of the 3rd (APC) and 6th (LP) defendants.”
The PDP sought five reliefs, including a declaration that by the combined interpretation of Section 142(1) of the constitution, Section 29(1), 31 and 33 of the Electoral Act 2022 and INEC’s timetable, both Tinubu and Obi must be bound by their submission.
The party asked the court to rule that both Tinubu and Obi will be disqualified the moment they substituted the names of their running mates.