The Presidential Election Petitions Court on Wednesday has dismissed 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.
According to the tribunal, the petition of the APM against Vice-President Kashim Shettima is “devoid of any merit”.
He added that the time frame of 180 days within which to determine the issue had elapsed.
Tsammani said the alleged double nomination claim made against Shettima has no substance, having been settled by the supreme court. He said no one has the right to litigate on it again.
The tribunal said 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.
The tribunal also said APM lacks the locus standi to challenge the qualification of a candidate in another political party.
The tribunal said only an aspirant who took part in a primary election can challenge the outcome of such election.
The court referred to the judgment of the supreme court delivered on May 26 were the apex court dismissed an appeal filled by the Peoples Democratic Party (PDP).
The APM in their petition submitted that Shettima was still a candidate as of 14 July when he was nominated as the vice-presidential candidate.
Tsammani held that there is evidence before the tribunal to prove that Shettima sent a letter to the Independent National Electoral (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.
He said the matters of qualification and disqualification are guided by the provisions of sections 131 and 137(1)(a)(j) of the Nigerian Constitution.
He held that issue complained of was an internal affair of a political party.
APM had contended that Tinubu and Shettima were not validly nominated to contest the February 25. They argue that by the combined reading of sections 131(c) and 142(2) of the Nigerian Constitution, 1999 and Section 133 of the Electoral Act made them to invalid.
