Curious Dismissal

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On Friday May 26, 2023, the Nigeria’s apex court, the Supreme Court in a curious judgment that is rattling the legal profession in Nigeria struck out with a fine the appeal of the People’s Democratic Party (PDP) challenging the double nomination of the vice president, Kashim Shettima and awarded two million naira penalty against the party. But legal luminaries are of the opinion that what they referred to as flawed judgment may be what Nigerians should expect in the entire petitions against President Bola Ahmed Tinubu

The Supreme Court on Friday May 26, 2023 struck out an appeal filed before it by the People’s Democratic Party (PDP) seeking the disqualification of the President Bola Tinubu and his vice President, Kashim Shettima, over allegation of double nomination of Shettima during the 2023 general election.

The appeal was filed through their counsel, Mike Ozekhome (SAN).

The PDP alleged that Shettima had double nomination as senatorial candidate for Borno Central Senatorial District and vice-presidential candidate under the All Progressives Congress (APC).

Delivering judgment, Justice Adamu Jauro slammed a fine of two million naira against the PDP for what they apex court referred to as ‘poke-nosing’ in the internal affairs of the APC in the conduct of its primary elections and nomination of its candidates.

The Supreme Court held that the PDP’s suit seeking the disqualification of Tinubu and Shetima on ground of alleged double nomination by Shetima was grossly lacking in merit and therefore dismissed it.

The court also agreed with Tinubu’s lawyer, Chief Lateef Fagbemi, SAN, that PDP acted as busy body and meddlesome interloper in the APC’s affairs unjustly.

It also held that apart from the fact that PDP lacked requisite jurisdiction to institute the suit, the party also failed to provide scintilla of evidence that Shettima engaged in double nomination.

The judgment read in part, “The claim of PDP on the alleged double nomination of the Vice President-elect was most unfortunate and a clear deliberate mischief to mislead the Court and the country.

“No matter the pains of the PDP on how APC conducted its primary elections and nominated its candidates, PDP must remain an onlooker.

“It is abundantly clear that the Appellant (PDP) in the totality of its position in the instant case, is peeping and poke nosing into the affairs of another party as a busy body and meddlesome interloper”, the court stated.

The court further held that the action of PDP was irritable because the used the social media to set a booby trap for the Supreme Court to blackmail it.

It described the move as most unfortunate, unwarranted and uncalled for.

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