The Peoples Democratic Party has filed a lawsuit to disqualify the All Progressives Congress Presidential candidate, Bola Tinubu; and Labour Party standard bearer, Peter Obi, over their running mates.
In the suit, the PDP is asking the court to compel the Independent National Electoral Commission to prevent the duo from replacing their running mates with Senator Kashim Shettima and Senator Datti Baba-Ahmed. .
In the originating summons with suit number FHC/ABJ/CS/1016/2022, the PDP is 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.
According to the suit, the main opposition party is seeking an order barring the Independent National Electoral Commission from replacing the running mates of Tinubu and Obi.
INEC, APC, Tinubu, Masari, Labour Party, Obi and Okupe are listed as first to seventh respondents in the case are.
Tinubu had nominated Kabiru Masari as a placeholder running mate in order to beat the June 17 INEC deadline, while Obi had also announced his campaign manager, Okupe, as an interim running mate. However, INEC gave a grace period of about one month to substitute their names.
But weeks later, Tinubu and Obi nominated Shettima and Baba-Ahmed respectively while Masari and Okupe announced their withdrawal.
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.
“A declaration that by the combined interpretation of Section 142(1) of the Constitution of the Federal Republic of Nigeria 1999 (as amended), Sections 29(1), 31, 33 of the Electoral Act 2022, the 1st defendant’s (INEC’s) election timetable, the 3rd (Tinubu) and 6th (Obi) cannot validly contest the 2023 Presidential election without the 4th (Masari) and 7th (Obi) respondents as their respective running mates.”
“The Electoral Act makes no provisions whatsoever for placeholder or temporary running mates. The acts of the 2nd (APC), 3rd (Tinubu), 5th (Labour Party ) and 6th (Obi) defendants in nominating and forwarding the names of the 4th (Masari) and 7th (Okupe) defendants as running mates for the 2023 Presidential elections is valid and subsisting,” the party added.”