Justice Inyang Ekwo of the Federal High Court Abuja, dismissed a suit brought by Peoples Democratic Party (PDP) seeking to disqualify Asiwaju Bola Tinubu, and Mr. Kassim Shettima from the 2023 general election.

Justice Ekwo who delivered judgment on Friday, January 13th, dismissed the suit on grounds that the PDP did not have the legal authority to institute the suit.

Justice Ekwo said that the suit was an abuse of court process, and that the case was captured by the principle of issue estoppel.

PDP challenged the validity of Tinubu to contest for the 2023 presidential election as APC candidate on the ground that Mr. Shettima's nomination as his running mate was in breach of the provisions of Sections 29(1), 33, 35, and 84{1)}(2)} of the Electoral Act, 2022 (as amended).

PDP argued Shettima's nomination for the vice presidency and Borno Central senatorial seats was in violation of the law.

The defendants however pleaded with the court to dismiss their suit because they lack jurisdiction.

They claimed that the PDP did not have the legal right to file the case. Instead, they argued that it was the decision of the political party to nominate whomever to the polls.

Further, they claimed that this act was an APC internal affair and therefore non-justiciable.

Justice Ekwo sided with the defendants. He stated that the court does not have jurisdiction where there is no locus. The suit was dismissed by him, which he considered an abuse of court process.