Justice Donatus Okorowo of the Federal High Court, Abuja, has dismissed a suit instituted by the People’s Democratic Party (PDP) seeking to disqualify All Progressive Congress (APC) presidential candidate, Bola Tinubu and Labour Party, Mr Peter Obi, over alleged unlawful substitution of their running mates.
The judge held that the PDP’S suit lacked merit and was aimed at irritating opponents in the 2023 presidential election.
Justice Okorowo specifically held that the suit filed by a Senior Advocate of Nigeria SAN, Gordy Uche on behalf of PDP was incompetent and unjusticiable as it disclosed no reasonable cause of action.
Besides, the judge said PDP failed woefully to stated any injury it suffered in the substitution of running mates carried out by APC and Labour Party.
The running mates whose substitution were challenged by PDP are Kabiru Masari and Doyin Okupe for APC and Labour Party respectively.
In the suit, PDP claimed that the Electoral Act 2022 did not make provision for a “place holder” or temporary running mate and that time for resignation, withdrawal or substitution of presidential candidates or conduct of fresh primaries to replace them is not applicable to Masari and Okupe.
PDP also contended that Bola Ahmed Tinubu, the APC presidential candidate and Peter Obi, Labour Party’s presidential candidates can only qualify to contest the 2023 presidential election with Masari and Okupe, as their respective running mate.
The plaintiff further claimed that the Independent National Electoral Commission, INEC, lacked power to accept any withdrawal or substitution of Masari and Okupe without APC and Labour Party conducting fresh primaries to substitute Tinubu and Peter Obi.
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