The Allied Peoples Movement (APM) has filed a 10 grounds of Appeal before the Supreme Court challenging the decision of the Presidential Election Petition Court, asking that the victory of President Bola Tinubu, be nullified.
In its notice of appeal filed by its new counsel Chukwuma – Machukwu Ume, the APM is asking the apex court to set aside the judgment of the Presidential Election Petitions Court (PEPC) for its numerous errors in law.
It said that sections 131 and 142 (1) of the 1999 Constitution are inextricably linked and neither can be confined as a pre-election matter, as these qualifications are conditions precedent to, for being elected into the office of President.
The appellant’s petition was not one founded solely on nomination, but primarily that President Tinubu contested the presidential election without a lawful running mate.
The party added that the withdrawal of Ibrahim Kabir Masari and the expiry of the 14 days permissible for changing, withdrawing, or dead candidates under Section 33 of the Electoral Act 2022, made Tinubu’s election and return, invalid.
According to the party, the PEPC abandoned its duty and jurisdiction of hearing and determining APM’s question of whether President Bola Ahmed Tinubu and Kashim Shettima were “validly elected” to the office of President and Vice President under the Constitution as stipulated by Section 239(1) of the Constitution of the Federal Republic of Nigeria 1999 (as amended).
APM contends that “validly elected” encompasses being qualified to contest the election, adding that a valid election includes the threshold qualifications and disqualification as stipulated in the Constitution.
It said the approach of the court below was to avoid the weighty issue of validly elected through imputing technical elevation pre-election issues.
APM therefore prayed the Supreme Court to allow the appeal and hold that Tinubu was not qualified to contest as the presidential candidate of APC having violated the provisions of Section 142 (1) of the Constitution of Federal Republic of Nigeria 1999 (as amended).
The party also prayed for a declaration that the return of Tinubu by the Independent National Electoral Commission (INEC), as the President-elect of the Federal Republic of Nigeria is null, void of no legal effect whatsoever.
That the withdrawal of the 5th respondent (Kabir Masari), as Vice Presidential candidate to Tinubu by the operations of the law amounted to automatic withdrawal and invalidation of the candidate of All Progressive Congress (APC).
APM therefore asked for an order nullifying and voiding all votes scored by APC in the February 25 presidential election and a further order directing INEC to return the second highest score at the election as the winner of the presidential election.