The Presidential Election Petitions Tribunal has declared it lacks jurisdiction to entertain the Allied Peoples Movement (APM) petition challenging the qualification of President Bola Tinubu and Vice President Kashim Shettima.
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Delivering the lead judgment on Wednesday, Justice Haruna Tsammani held that the issues in the APM petition are pre-election matters that ought to have been filed in a regular court, not the tribunal.
Justice Tsammani referenced previous rulings establishing that election tribunals cannot rule on political party primaries. He stated disqualification and qualification issues are constitutional matters that must be determined before an election is conducted.
The judge ruled that since the APM petition centered on Tinubu and Shettima’s qualification, it raises pre-election issues that are now time-barred. He underscored that the 180-day timeframe for resolving such disputes has elapsed.
The judge also held that invalid nomination or double nomination did not qualify as a ground for disqualification in respect of presidential election as provided in sections 131 and 137 of the Constitution.
APM contested that Tinubu and Shettima were unlawfully nominated by the APC, citing inconsistencies between provisions in the Electoral Act and the timeline for Shettima’s selection as Tinubu’s running mate.
But the tribunal maintained it lacks jurisdiction over internal party affairs and qualification issues that weren’t challenged prior to the election.
By dismissing the petition on jurisdictional grounds, the tribunal avoided evaluating the substantive merit of APM’s claims. Legal experts argue APM faces an uphill battle if it proceeds to appeal the ruling.
The judgment indicates election tribunals will avoid entanglement in party primaries or pre-election matters, refusing to tread into internal political disputes after ballots are cast.
Presidential Election Petition Court Adjourns For 15 mins.
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