Fresh Headache For Tinubu As APM Files 10-Ground Appeal, Asks Supreme Court To Nullify His Victory

Fresh Headache For Tinubu As APM Files 10-Ground Appeal, Asks Supreme Court To Nullify His Victory

The Allied Peoples Movement (APM), like the Peoples Democratic Party (PDP) and the Labour Party (LP), has taken its case to the Supreme Court of Nigeria. They present a 10-point appeal, seeking the annulment of President Bola Tinubu’s electoral victory under the All Progressives Congress.

The Independent National Electoral Commission had declared Tinubu the winner of the presidential election held on February 25, 2023. However, this decision was met with opposition from Atiku Abubakar of the PDP, Peter Obi of the LP, and the APM.

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As a result, Tinubu’s victory was contested at the Presidential Election Petition Court, which, on September 6, rendered its judgment, dismissing the petitions from the PDP, LP, and APM for lack of merit.

In their appeal, the APM asserts that the Presidential Election Petitions Court led by Justice Haruna Tsammani made a legal error when it dismissed their petition, citing it as a pre-election matter and deeming it incompetent.

The APM now asks the Supreme Court to accept the appeal and affirm that Tinubu was ineligible to run as the presidential candidate of the APC in the February 25 election, as he allegedly violated Section 142 (1) of the Constitution of the Federal Republic of Nigeria 1999 (as amended).

Furthermore, the party seeks a declaration that the return of Tinubu by the Independent National Electoral Commission as the President-elect of Nigeria is null, void, and legally ineffective.

In a notice of appeal submitted by their new counsel, Chukwuma-Machukwu Ume (SAN), the APM urges the apex court to overturn the judgment of the Presidential Election Petition Court, citing numerous legal errors.

The APM argues that Sections 131 and 142 (1) of the 1999 Constitution are intricately linked and cannot be treated solely as pre-election matters, as these qualifications are fundamental prerequisites for holding the office of President.

The APM contends that the withdrawal of the 5th respondent (Masari) in the petition, combined with the expiration of the 14-day period for changing or withdrawing a deceased candidate under Section 33 of the Electoral Act 2022, rendered the election and return of the 3rd respondent (Tinubu) invalid.

The appellant’s case is not solely based on nomination, but primarily centers on the contention that the 3rd respondent (Tinubu) contested the Presidential Election without a legitimate running mate for the Vice President position.

However, the APM argues that the Presidential Election Petition Court abandoned its duty and jurisdiction to address and determine whether Bola Tinubu and Kashim Shettima were “Validly elected” to the offices of President and Vice President under the Constitution. This duty is stipulated by Section 239(1) of the Constitution of the Federal Republic of Nigeria 1999 (as amended).

The party also implores the apex court to assert that the Presidential Election Petition Court became overly concerned with technical matters solely beneficial to Tinubu and Shettima, who are the 3rd and 4th respondents respectively in the appeal, rather than focusing on whether these respondents were validly elected.

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