Supreme Court rules today in PDP’s case seeking to void Tinubu/Shettima ticket


  • CJN swears in 39 more judges for 2023 election petitions
Uba Group

Meanwhile, the Supreme Court has scheduled judgement for today (Friday) in the appeal by the Peoples Democratic Party, which is among others, seeking to void the joint ticket of President-elect, BolaTinubu and Vice President-elect, Kashim Shettima.

A five-member panel of the court, headed by Justice John Okoro, chose the date after lawyers to parties adopted their processes and made final arguments.

Counsel to the appellant, Joe Agim (SAN), prayed the court to allow the appeal and set aside the judgment of the Court of Appeal, which earlier affirmed the judgment by Justice Inyang Ekwo of the Federal High Court, where he queried the right of the PDP to question the candidate nomination process of another party.

Lawyers to the respondents – the Independent National Electoral Commission, Tinubu, Shettma and the All Progressives Congress – prayed the court to reject the appeal and affirm the concurrent findings of the two courts below.

Babatunde Ogala (SAN), who appeared for the APC, urged the court to strike out the case since the 180 days allowed by the law to hear a pre-election case had elapsed.

The PDP had, in the suit filed on July 28, 2022, before the Federal High Court, Abuja, challenged the validity of the Tinubu/Shettima ticket for the 2023 presidential election.

The party argued among others,  that Shettima’s nomination as Tinubu’s running mate was in breach of the provisions of Sections 29(1), 33, 35 and 84{1)}(2)} of the Electoral Act, 2022 (as amended).

It claimed that Shettima had double nominations and argued that Shettima’s nomination as a vice-presidential candidate as well as the candidate for the Borno Central Senatorial seat, contravened the law

Justice Ekwo, in a Judgment on January 13, dismissed the suit on the grounds that the PDP was without the requisite locus standi to institute the action.

The PDP appealed the decision in the appeal marked: CA/ABJ/CV/108/2023 and urged the appellate court to reverse the judgment of the Federal High Court, Abuja.

In the unanimous judgment on March 25, a three-member panel of the Court of Appeal held that the PDP failed to establish its locus standi.

Justice James Abundaga, who read the lead judgment, agreed with the submissions of lawyers to the respondents, including Thomas Ojo from the law firm of Lateef Fagbemi and described the PDP as a busy body, which dabbled into issues that constitute the internal affairs of the APC.

Justice Abundaga held that the trial court was right to have held that the PDP failed to establish its locus standi.

“The appellant, having failed to disclose its locus standi, this appeal fails and it is hereby dismissed,” he said and proceeded to affirm the judgement of the Federal High Court.

Justice Abundaga awarded N5 million cost against the appellant’s lawyer, J. O. Olotu.

CJN swears in 39 more judges for 2023 election petitions

Similarly, the Chief Justice of Nigeria, Justice Olukayode Ariwoola on Thursday swore in 39 additional judges to man the election petition tribunals currently sitting across the federation.


The CJN, during the ceremony which took place at the Supreme Court, said the judges were found worthy to be appointed as additional members of tribunals that have been saddled with an “avalanche of petitions” trailing the 2023 general election.

Administering the oath on the newly appointed election petition tribunal judges, the CJN instructed them to live above board and to submit to the sanctity of the rule of law in the discharge of their judicial functions.

Stressing that the country needs peace “at this crucial phase”, he admonished them not to allow sentiment and public opinion to betray their sense of judgment.

He said, “You have just taken an oath that has not only imposed a course of upright moral undertaking on you but equally looped you with destiny.

“This is an enormous national assignment that will literally put the contents of your conscience to the test.

“No amount of homily can convey the enormity of this task. But suffice it to say that you are already initiating an interaction with history. Whatever action or inaction you exhibit today will serve as your testament in the annals of the Nigerian judiciary.

“As judicial Officers, you may have, one way or the other, trodden this somewhat dreaded terrain, but you must, against all odds, rise above the murky waters of failure and infamy.

“The onus is on you to keep aloft the banner of honesty and integrity that the judiciary has painstakingly hoisted over the years. Your appointment to serve in these tribunals is well conceived, thus, you should do everything within your ability to justify this confidence.

“There is no doubt that you will be exposed to different forms of temptations and even blackmails but you should know that all are aimed at testing your strength of character, honesty and integrity.

“My candid advice is that, in whatever circumstance, you should always be mindful of this oath you have just taken because it now stands as an uncompromising witness between you and your creator.

“It behoves you to willingly submit yourselves to the sanctity of the rule of law and supremacy of the Constitution in the discharge of your judicial functions. It is the general belief that elections held when the rule of law is too fragile, seldom lead to lasting democratic governance.

“You are enjoined to always strike a balance between justice and the rule of law as you embark on this critical national assignment.

“As you all know, the rule of law delayed is lasting peace denied because justice is a handmaiden of true peace.

“We need this in Nigeria more than ever before. The trumpet must first sound from the temple of justice; hence we put you forward as champions of this noble cause.

“By the virtue of this oath, you are now armed with the power to adjudicate on electoral disputes and take decisions in accordance with your convictions, which must be deeply rooted in law and not sentiments or public opinion.

“I pray the Almighty God will grant you the courage and wisdom to carry out this responsibility without faltering or failing.”

The CJN had earlier sworn in 307 judicial officers to preside over petitions from the 2023 general election.

The addition of the 39 judges has increased the number of the various tribunal members currently hearing petitions that arose from the conduct of the 2023 general elections to 346.