Whether the Supreme Court will nullify the victory of the All Progressives Congress (APC) and its presidential candidate in the February 25 election, Asiwaju Bola Tinubu, over alleged double nomination or not will be decided on Friday May 26, 2023.

The apex court on Monday, adjourned to the above date to deliver its judgment in the appeal by the Peoples Democratic Party (PDP) shortly after taking submissions from the counsel representing parties in the suit.

Specifically, the PDP is seeking the disqualification of the President-elect, Tinubu and the Vice-President-elect, Senator Kashim Shettima, over alleged double nomination; an act which they say violates the electoral laws.

The appellant anchored its appeal on the claims that the appellate court erred in law when it dismissed its appeal and affirmed the judgment of a trial court which held that the suit was incompetent and lacking in merit.

PDP is claiming that the APC breached the law when it nominated Shettima as the senatorial candidate for Borno Central and as vice-presidential candidate.

At Monday’s proceedings, while APC’s lawyer, Mr Babatunde Ogala (SAN), asked the court to strike out the case on the grounds that it has become statute barred, because the 180 days stipulated by law to hear the suit has elapsed, PDP’s lawyer, Mr Joe Agi (SAN), disagreed.

It is Agi’s position that the issue of 180 days does not apply in respect of double nomination, adding that since the act is purely an illegality, the court has the right to entertain the appeal.

“They have done that before, they did it in the case of Nwosu and APC and they will do it again,” Agim added.

The appellant accordingly urged the apex court to grant the appeal, set aside the concurrent decision of the two lower courts and nullify the election of Tinubu and the vice-president-elect for alleged double nomination.

The PDP had by their appeal marked: CA/ABJ/CV/108/2023, urged the appellate court to reverse the January 13 judgment by Justice Inyang Ekwo of the Federal High Court, Abuja which dismissed its suit on the grounds that the PDP lacked locus standi to have instituted the suit.

The three-member panel of justices of the Court of Appeal, in the lead judgment held that the PDP failed to establish its locus standi in the case.

Justice James Abundaga, who delivered the judgment of the appellate court, had agreed with the respondents that the PDP is a busy body, which dabbled in issues that are internal affairs of the APC.

“The appellant, having failed to disclose its locus standi, this appeal fails and it is hereby dismissed,” he said and proceeded to affirm the judgment of the Federal High Court.

Justice Abundaga awarded N5 million cost against the appellant’s lawyer, J. O. Olotu.

The PDP had, in the suit filed on July 28, 2022, challenged the validity of the Tinubu/Shettima ticket for the 2023 presidential election, arguing that Shettima’s nomination as the 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).

The Abia State Governor-elect, Dr Alex Otti and all the candidates of the Labour Party in Abia and Kano States have been disqualified.

The disqualification came from a Federal High Court sitting in Kano, presided over by Justice M N Yunusa.

The court ruled that their emergence was not in compliance with the provisions of the 2022 Electoral Act.

A copy of the judgement delivered by the court was made available to newsmen on Friday.

The Court in Suit No FHC/KN/CS/107/2023 filed by Mr Ibrahim Haruna Ibrahim against the Labour Party and the Independent National Electoral Commission, INEC, ruled that the failure of the Labour Party to submit its membership register to the INEC within 30 days before their primaries renders the process invalid.

“The party that has not complied with the provisions of the electoral act cannot be said to have a candidate in an election and cannot be declared winner of an election; this being so, the votes credited to the 1st defendant are a wasted vote,” the judge ruled.

By tomorrow Tuesday, Ademola Adeleke will know if he remains the Osun State helmsman as the Supreme Court will rule on the governorship poll dispute.

The ruling is on an appeal filed by former Osun State Governor, Gboyega Oyetola against Governor Adeleke’s victory in the July 2022 governorship election in the state.

Oyetola is asking the apex court to set aside the ruling of the appellate court which nullified the judgement of the election tribunal.

The election tribunal had declared Oyetola of the All Progressives Congress (APC) winner of the election.

Oyetola was declared the winner by the election tribunal after he went to court to challenge the victory of Adeleke, as announced by the Independent National Electoral Commission (INEC).

Delivering judgment on January 27, two out of the three-member panel held that the former governor was able to prove that there was over-voting in some of the polling units.

Adeleke had rejected the judgment, describing it as “a miscarriage of justice” and “an unfair interpretation against the will of majority of voters”.

In the 31 grounds of appeal, Adeleke begged the court for “an order setting aside the whole decision of the tribunal”.

He also sought “an order striking out the petition for want of competence and jurisdiction or in the alternative, an order dismissing the petition on the merit”.

Adeleke submitted that the tribunal exhibited bias when it said: “The second respondent cannot ‘go lo lo lo lo’ and ‘buga won’ as the duly elected governor of Osun state.”

The appellate court, in a unanimous decision by a three-member panel of Justices on Friday, held that the appeal the governor lodged to challenge his sacking by the Osun State Governorship Election Petition Tribunal, was meritorious.

Aside from setting aside the judgement of the tribunal, the court, in its lead judgement that was delivered by Justice Mohammed Lawal, awarded N500,000 cost against APC and its candidate, Oyetola.

However, a five-member panel of the Supreme Court announced on Monday that judgment will be delivered on the matter at 2 pm on Tuesday, May 9, 2023.

This comes after the panel took arguments from the legal representatives of Adeleke and Oyetola.