2023 Presidency: PDP Drags APC, LP To Court, Wants Tinubu, Obi Disqualified

The Peoples Democratic Party (PDP) has sued the ruling All Progressives Congress (APC) and the Labour Party (LP) for replacing the running mates of their vice presidential candidates.

 

2023 Presidency: PDP Drags APC, LP To Court, Wants Tinubu, Obi Disqualified

The PDP is also asking the court to declare that Tinubu and Obi be disqualified unless they contest alongside their previous running mates – Kabiru Masari and Doyin Okupe respectively.

In the originating summons with suit number FHC/ABJ/CS/1016/2022, the PDP is seeking an order barring the Independent National Electoral Commission, INEC, from replacing the running mates of Tinubu and Obi.

Those listed as first to seventh respondents in the case are INEC, APC, Tinubu, Masari, Labour Party, Obi, and Okupe.

Recall that Tinubu had nominated Masari as a surrogate running mate or placeholder in order to beat the June 17 INEC 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,  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 of the Federal Republic of Nigeria, 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 (Labour Party) defendants.”

The opposition party wants the court to rule that both Tinubu and Obi will be disqualified the moment they substitute the names of their running mates.

The party also seeks five reliefs which include 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.

“A declaration that by the combined interpretation of Section 142(1) of the Constitution of the Federal Republic of Nigeria 1999 (as amended), Sections 29(1), 31, 33 of the Electoral Act 2022, the 1st defendant’s (INEC’s) election timetable, the 3rd (Tinubu) and 6th (Obi) cannot validly contest the 2023 Presidential election without the 4th (Masari) and 7th (Obi) respondents as their respective running mates,” one of the reliefs reads.

The PDP further argued that the term ‘placeholder’ is unknown to Nigerian law.

The party said, “The Electoral Act makes no provisions whatsoever for placeholder or temporary running mates. The acts of the 2nd (APC), 3rd (Tinubu), 5th (Labour Party ) and 6th (Obi) defendants in nominating and forwarding the names of the 4th (Masari) and 7th (Okupe) defendants as running mates for the 2023 Presidential elections is valid and subsisting.”

In a supporting affidavit sworn to by Evelyn Oroh, a litigation secretary in the law firm of Gordy Uche (SAN), it was stated that some of the defendants had stated openly that they were mere placeholders.

“I know that the 3rd (Tinubu) and 6th (Obi) defendants have stated in media interviews and publications that the 4th (Masari) and 7th (Okupe) defendants are not their real running mates but merely holding the place as placeholders for the real running mates,” it stated.

When contacted on the telephone, the Labour Party’s lawyer, Alex Ejesieme, said he had received the court processes.

“I have received the processes and we are filing a response already,” he simply stated.

The Labour Party’s lawyer, Alex Ejesieme, and the Head of Legal Directorate, Tinubu Campaign Organisation, Babatunde Ogala (SAN) are aware of the suit and have received the court processes

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