The Supreme Court, Monday, dismissed an appeal by the Allied People’s Movement (APM)seeking to disqualify President Bola Tinubu of the All Progressives Congress.
APM had asked the Supreme Court to hold that the Court of Appeal misconceived the material facts before it, when it struck out its undefended petition against Tinubu’s victory.
It prayed the court to hold that the withdrawal of Kabiru Masari from the race by operation of law amounted to automatic withdrawal and invalidation of the candidate of Bola Ahmed Tinubu as the presidential candidate of All Progressive Congress in the February 25, presidential election.
In its brief of arguments, APM, through its counsel Chukwuma-Machukwu Ume (SAN), that the Court of Appeal wrongly and peremptorily struck out the petition.
It therefore prayed the apex court to set aside the decision of the lower court.
APM also said the striking out of Kabiru Masari’s name from its petition and consequent dismissal of the petition on 6th September 2023, was in error, as Masari was a necessary party to the dispute.
The Court of Appeal had dismissed APM’s petition based on pre hearing motions filed by INEC, APC and Shettima but only INEC tendered a document during the hearing while APC, Tinubu and Shettima and INEC did not call any witness.
According to APM, “the grounds upon which it’s petition was predicated is that the 3rd respondent (Tinubu) was at the time of the election (February 25 2023) not qualified to contest the election in line with Section 134(1)(a) of the electoral Act, 2022.
The party said it clearly stated in its paragraph 16 and 17 of the petition that it was against 3rd and 4th respondents (Tinubu and Shettima) respectively and grounded on the provisions of Section 131 and 142 of the Constitution of the Federal Republic of Nigeria 1999 (as amended) and Section 35 of the Electoral Act,2022.
The APM lawyer said the Court of Appeal misconceived the material facts and case of the appellant and wrongly progressed to determine issues not contemplated by the appellant’s petition and erroneously dismissed the petition.
Hearing the appeal on Monday, effort by Machukwu Ume, to move the appeal was rejected by the panel, as doing so would amount to wasting of the precious time of the court.
The presiding Justice, Inyang Okoro had insisted that the appeal be withdrawn since the issue had been decided.
“We have read your appeal and issues raised.
“You are not asking us to make your candidate the President if the your appeal succeeds.
“You just want to state the law and go home, without benefit. We have other appeals that are substantial and withdrawing this appeal will help reduce the workload on us.
“We have read the appeal and are unanimous that it’s a none issue, having been pronounced upon by this court” Justice Inyang Okoro said.
Left with no option, the APM counsel hesitantly accepted withdrawal of the appeal.
All the Respondents did not oppose the withdrawal and did not ask for cost.
Accordingly, the panel dismissed the APM appeal, same having been withdrawn.
