The Presidential Election Petition Court (PEPC) has struck out the petition by the Allied Peoples Movement (APM).
The PEPC in a ruling, upheld the preliminary objections raised against the competence of the petition by the Independent National Electoral Commission (INEC), the All Progressives Congress (APC), President Bola Tinubu, Kashim Shettima and Kabir Masari.
Justice Haruna Tsammani, who read the lead ruling, held that the issue of nomination, which is a pre-election matter is outside the scope of the court’s jurisdiction, sitting as an election tribunal.
He held that the issue ought to have been raised before the Federal High Court, adding that even if it was to be heard by the PEPC, the issue is statute barred.
Justice Tsammani also held that the petitioner lacked the locus standi to have brought the petition, b cause the law did not allow a political party to query the process adopted by another political party in nominating its candidate.
The PEPC Chairman 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 Constitutional.
He also held that the Masari, who was nominated as placeholder by the APC (for the position of the Vice President) was no tva necessary party to the petition because he was neither a candidate nor did he win election.
Justice Tsammani also found that Masari was not a necessary party because no claim was raised against him by the petitioner.
He is currently considering the petition on the merit.
