- APM petitions Supreme Court to nullify all votes cast by Bola Tinubu in the February 25 presidential election
- APM argues that Tinubu and Shettima’s qualification and nomination procedures did not comply with the law
The Allied Peoples Movement (APM) and its presidential candidate, Chichi Ojei, have petitioned the Supreme Court to nullify and void all votes cast in the February 25 presidential election by President Bola Tinubu of the All Progressives Congress (APC).
The prayer is one of the reliefs sought in the APM’s appeal, filed by their counsel, Chukwuma Machukwu-Ume (SAN), challenging the judgment of the Presidential Election Petitions Court, which dismissed their petition for lack of locus standi, being a pre-election matter, and abuse of court process following a similar judgment at the Supreme Court.
However, in the appeal dated October 2, 2023, APM contended that the lower court misunderstood or misinterpreted their case and the provisions of Section 142(1) of the Nigerian Constitution, 1999, read in conjunction with the Electoral Act, 2022 on the issue of Tinubu and his deputy, Kashim Shettima’s qualification or disqualification.
Machukwu-Ume argued that the complaint is not based on Sections 285 (9) or 285(14) of the Nigerian Constitution, 1999, as the lower court misunderstood, and that Section 142 is also linked to Sections 131 and 137 of the constitution, as well as Section 33 of the Electoral Act 2022 on the procedure for Tinubu and Shettima’s nomination.
While criticizing the removal of the name of Kabiru Masari, the former placeholder for the APC’s running mate position, whom he described as a relevant party to the suit, APM argued that Masari’s replacement as the APC’s vice-presidential candidate was invalid under the law.
Machukwu-Ume claimed that Masari withdrew his candidacy on June 24, 2022, while Shettima was allegedly forwarded to the Independent National Electoral Commission (INEC) as the replacement on July 15, 2022, after the deadline set by law.
“In the instant case, with the 5th Respondent (Masari) having withdrawn, for there to be a validly nominated running candidate to the 3rd Respondent (Tinubu), the 4th Respondent (Shettima) must be nominated within a window period of 14 days from the time of withdrawal contemplated under Section 33 of the Electoral Act, 2022,” he asserted. My Lords, we respectfully refer you to Section 33 of the Electoral Act 2022.
“Failure of the 2nd, 3rd and 4th Respondents (APC, Tinubu and Shettima) to comply to the mandatory requirements of Chapter 6 of the Constitution of the Federal Republic of Nigeria, 1999 (as amended) renders the declaration of the 3rd and 4th Respondents (Tinubu and Shettima) by the 1st Respondent (INEC) invalid and liable to be held void by this honourable court.”