…Says Qualification, Disqualification Of Candidates In Election Are Pre-Election Matters
The Presidential Election Petition Court, PEPC, has thrown out the petition of the Allied Peoples Movement, APM, challenging the election of President Bola Ahmed Tinubu.
The APM had hinged its ground for the petition on the alleged double nomination of Vice President Kashim Shettima for the 2023 elections.
The party argued that Shettima was nominated as Tinubu’s running mate, while he still had the ticket of Borno North senatorial district to contest in the same elections.
The Chairman of the PEPC, Justice Haruna Tsammani, who read the judgement, said that the decision of the tribunal stems from the petition’s perceived lack of logic and failure to disclose any reasonable cause of action.
Justice Tsammani said that he found the petition to be lacking in coherence and substance.
He said the decision to strike off the case underscores the importance of presenting clear and logical arguments in legal matters.
He said that a petition must disclose a valid reason of action to proceed through the legal process effectively.
He emphasised the significance of adhering to legal procedures and ensuring that petitions are logically structured and provide a valid reason of action.
He also highlighted the role of the justice system in upholding the principles of fairness and adherence to established legal norms.
The Justice Tsammani-led five-member panel said that the APM petition challenging the qualification of Vice President Shettima, was a pre-election matter.
Delivering the verdict of the panel, Tsammani said that the matter ought to have been challenged before the conduct of the presidential election.
He said, “The issue of qualification or disqualification is a constitutional one.
The issue of disqualification or qualification is a pre-election matter.
“It must be determined before the conduct of the election. This court has no jurisdiction to hear the matter and that even if it does, it is status-barred, because it is a pre-election matter.”
