2023: PDP sues INEC, APC, seeks Obi, Tinubu’s disqualification
By Matthew Atungwu
The People’s Democratic Party (PDP) has instituted a lawsuit compelling the electoral umpire, Independent National Electoral Commission (INEC) to prevent All Progressives Congress (APC)’s Presidential candidate, Bola Tinubu; and Labour Party standard bearer, Peter Obi, from replacing their running mates with Senator Kashim Shettima and Senator Datti Baba-Ahmed respectively.
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, the PDP is seeking an order barring the Independent National Electoral Commission 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, while 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, the 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 PDP is also seeking five reliefs including 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.
The party asked the court to rule that both Tinubu and Obi will be disqualified the moment they substitute the names of their running mates.
The PDP also based its argument on the fact that the term ‘placeholder’ is unknown to Nigerian law.
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.
When contacted on the telephone, the Labour Party’s lawyer, Alex Ejesieme, said he had received the court processes.
