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JUST IN: Tribunal Dismisses APM’s Petition Against Tinubu, Says It’s Abuse Of Court Process

Published

3 years ago

September 6, 2023

Editor

The Presidential Election Petition Court, PEPC, sitting in Abuja, has dismissed as incompetent, the case the Allied Peoples Movement, APM, filed to nullify President Bola Tinubu’s election.

The court held that issues the APM raised in its petition contained pre-election matters that could only be determined by the Federal High Court.

Chairman of the panel, Justice Haruna Tsammani, who read the ruling, upheld preliminary objections that all the Respondents raised to challenge the competence of the petition.

Justice Haruna noted that since the petition centered on the qualification or otherwise of President Tinubu to contest the presidential election that held on February 25, the APM, ought to have gone to court within 14 days after Tinubu was nominated by the All Progressives Congress, APC.

He held that since the cause of action bordered on a pre-election matter, the APM, lacked the locus standi to challenge Tinubu’s nomination.

More so, Justice Tsammani held that the Supreme Court had earlier decided that a political party does not have the right to challenge a nomination that was made by another political party.

He held that section 131 and 237 of the 1999 Constitution, as amended, made provisions for the qualification or disqualification of candidates in an election.

The court noted that the main grouse of the APM was on the alleged invalid nomination of Tinubu’s running mate, Kashim Shettima.

“It is clear that the claim of qualification it non qualification of the the 3rd Respondent (Tinubu) centered on alleged invalid nomination of the 4th Respondent (Shettima).

“It is a pre-election matter,” Justice Tsammani held.

He further held that section 84(3) of the Electoral Act, 2022, stipulated that political parties should not impose qualification criteria on a candidate, except as provided for in the constitution.

According to the court, sections 65, 66, 106, 107, 131, 137, 185 and 187 of the 1999 Constitution, as amended, settled the issue of qualification and nomination of a candidate for an election.

It held that where an election has already been conducted and result declared, the qualification of a candidate could no longer be challenged on the basis of sections 131 and 137 of the Constitution.

The court held that since the APM failed to challenge President Tinubu’s nomination within the constitutionally allowed period, its case, therefore, had become statute barred.

It held that where the constitution has qualified a candidate for an election, no other law can disqualify such candidate except the constitution itself.

The court held that the issue of double nomination as canvassed by the APM, was not a legally cognizable ground for disqualification.

Besides, the court held that it found no reason why Mr. Ibrahim Masari was cited as the 5th Respondent in the petition since he would not in any way be affected by the outcome of the case.

Consequently, it struck out his name from the petition.

The APM had in its petition marked: CA/PEPC/04/2023, argued that the withdrawal of Mr. Masari who was initially nominated as the Vice-Presidential candidate of the APC, invalidated Tinubu’s candidacy in view of Section 131(c) and 142 of the 1999 Constitution, as amended.

The party argued that there was a gap of about three weeks between the period that Masari, who was listed as the 5th Respondent in the petition, expressed intention to withdraw, the actual withdrawal of his purported nomination, and the time Tinubu purportedly replaced him with Senator Kashim Shettima.

It further argued that Tinubu’s candidature had elapsed as at the time he nominated Shettima as Masari’s replacement.

According to the petitioner, as at the time Tinubu announced Shettima as the Vice Presidential candidate, “he was no longer in a position, constitutionally, to nominate a running mate since he had ceased to be a presidential candidate of the 2nd Respondent having regards to the provisions of section 142 of the 1999 Constitution”.

The APM contended that Masari’s initial nomination activated the joint ticket principle enshrined in the Constitution, stressing that his subsequent withdrawal invalidated the said joint ticket.

It, therefore, prayed the court to declare that Shettima was not qualified to contest as the Vice-Presidential candidate of the APC as at February 25 when the election was conducted by INEC having violated the provisions the of Section 35 of the Electoral Act, 2022.

“An order nullifying and voiding all the votes scored by Tinubu in the presidential election in view of his non-qualification as a candidate of the APC”.

As well as an order to set aside the Certificate of Return that was issued to the President by INEC, reliefs that were rejected by the court on Wednesday.

News

Xenophobic Attacks: Oshiomhole Tells FG To Retaliate Against South African Companies In Nigeria

Published

1 hour ago

May 5, 2026

Editor

Senator Adams Oshiomhole has called on the Federal Government to retaliate against South African businesses operating in Nigeria following the recent attacks on Nigerians in South Africa.

Speaking during plenary on Tuesday, Oshiomhole said the Federal Government should consider revoking the working license of South African owned companies such as MTN and DSTV.

He argued that Nigeria must respond firmly to what he described as persistent hostility against its citizens.

“I am not going to shed tears. If you hit me, I hit you. I think it is appropriate in diplomacy. It is an economic struggle,” Oshiomhole said.

He argued that while some South Africans accuse Nigerians of taking their jobs, Nigerians should return home and take over employment opportunities created by major South African companies operating in the country, including MTN and DSTV.

“When we hit back, the President of South Africa will not only talk but will also go on his knees to recognise that Nigeria cannot be intimidated.

“We will not condone any life being lost. If a crime has been committed under the South African law they have the right to bring any such person to justice, but to kill our people as if we are helpless, we will not allow that,” Oshiomhole added.

DAILY POST reports that several Nigerians in South Africa have reportedly been attacked, and their businesses destroyed, in ongoing xenophobic attacks in the country.

News

IGP Orders Officers Display Name Tag On Uniform, Gives Update On State Police

Published

2 hours ago

May 5, 2026

Editor

The Inspector General of Police, IGP, Tunji Disu, has ordered all police personnel to always have their name tags on their uniforms for easy identification.

Disu disclosed that only police personnel who are undercover are exempted from displaying their name tags.

Speaking on Tuesday, Disu said: “All police officers should have their name tags. All of us on the high table have our names apart from the undercover among us so if you look at all the Commissioners of Police we have our name tags, so it’s not our standard.

News

Court Orders SERAP To Pay DSS Operatives N100m For Defamation

Published

7 hours ago

May 5, 2026

Editor

The High Court of the Federal Capital Territory has ordered a non-governmental organization, the Socio-Economic Rights and Accountability Project, SERAP, to pay N100 million as damaged to two operatives of the Department of the State Services, DSS, for unjustly defaming them in some publications.

The court also ordered SERAP to tender public apologies to the defamed officers,
Sarah John and Gabriel Ogundele, in two national newspapers, two television stations and its website.

Besides, the organization was also ordered to pay the two operatives N1 million as cost of litigation and 10 percent post-judgment interest annually on the judgment sum until it’s fully liquidated.

Justice Yusuf Halilu of the High Court of the Federal Capital Territory gave the order on Tuesday while delivering judgment in a N5.5 billion defamation suit instituted against SERAP by the DSS operatives.

The judge found SERAP liable for unjustly defaming the two DSS operatives with allegations that they unlawfully invaded its Abuja office, harassed and intimidated its staff, in September 2024.

In the offending publication on its website and Twitter handle, SERAP alleged that the two operatives unlawfully invaded and occupied its office with sinister motives.

The judge held that the publication was in bad taste especially from an organization established to promote transparency and accountability, as nothing in the publication was found to be truthful.

The DSS staff had listed SERAP as 1st defendant in the suit marked CV/4547/2024. SERAP’s Deputy Director, Kolawole Oluwadare, was listed as the 2nd defendant.

In the suit, the claimants – Sarah John and Gabriel Ogundele – accused the two defendants of making false claims that they invaded SERAP’s Abuja office on September 9, 2024..

Counsel to the DSS, Oluwagbemileke Samuel Kehinde, had while adopting his final address in the mater urged the judge to grant all the reliefs sought by his client in the interest of justice.

He admitted that although the names of the two claimants were not mentioned in the defamation materials, they had however established substantial circumstances that they are the ones referred to in the published defamation article by SERAP on its website.

The counsel submitted that all ingredients of defamation have been clearly established and the offending publication referred to the two officials of the secret police.

However, SERAP, through its counsel, Victoria Bassey from Tayo Oyetibo, SAN, law firm, asked the court to dismiss the suit on the ground that the two claimants did not establish that they were the ones referred to in the alleged defamation materials.

She said that SERAP used “DSS officials” in the alleged offending publication, adding that the two claimants must establish that they are the ones referred to before their case can succeed.

Similar arguments were canvassed by Oluwatosin Adefioye who stood for the second defendant, adding that there was no dispute in the September 9, 2024 operation of DSS in SERAP’s office.

He said that since SERAP in the publication did not name any particular person, the claimants must plead special circumstances that they were the ones referred to as the DSS officials.

Besides, he said that there is no organization by name Department of State Services in law, hence, DSS cannot claim being defamed adding that the only entity known to law is National Security Agency.

The claimants had in the suit stated that the alleged false claim by SERAP has negatively impacted on their reputation.

The DSS also stated, in the statement of claim, that, in line with the agency’s practice of engaging with officials of non-governmental organisations operating in the FCT to establish a relationship with their new leadership, it directed the two officials – John and Ogunleye – to visit SERAP’s office and invite them for a familiarization meeting.

The claimants added that in carrying out the directive, John and Ogunleye paid a friendly visit to SERAP’s office at 18 Bamako Street, Wuse Zone 1, Abuja on September 9 and met with one Ruth, who upon being informed about the purpose of the visit, claimed that none of SERAP’s management staff was in the country and advised that a formal letter of invitation be written by the DSS.

John and Ogundele, who claimed that their interactions with Ruth were recorded, said before they immediately exited SERAP’s office, Ruth promised to inform her organisation’s management about the visit and volunteered a phone number – 08160537202.

They said it was surprising that, shortly after their visit, SERAP posted on its X (Twitter) handle – @SERAPNigeria – that officers of the DSS are presently unlawfully occupying its office.

The claimant added, “On the same day, the defendants also published a statement on SERAP’s website, which was widely reported by several media outfits, falsely alleging that some officers from the DSS, described as “a tall, large, dark-skinned woman” and “a slim, dark skinned man,” invaded their Abuja office and interrogated the staff of the first defendant (SERAP).

John and Ogundele stated that “due to the false statements published by the defendants, the DSS has been ridiculed and criticised by international agencies such as the Amnesty International and prominent members of the Nigerian society, such as Femi Falana (SAN)”.

“Due to the false statements published by the defendants, members of the public and the international community formed the opinion that the Federal Government is using the DSS to harass the defendants.”

They added that the defendants’ statements caused harm to their reputation because the staff and management of the DSS have formed the opinion that the claimants did not follow orders and carried out an unsanctioned operation and are therefore, incompetent and unprofessional.

The claimants therefore prayed the court for the following reliefs: “An order directing the defendants to tender an apology to the claimants via the first defendant’s (SERAP’s) website, X (twitter) handle, two national daily newspapers (Punch and Vanguard) and two national news television stations (Arise Television and Channels Television) for falsely accusing the claimants of unlawfully invading the first defendant’s office and interrogating the first defendant’s staff.

“An order directing the defendants to pay the claimants the sum of N5 billion as damages for the libellous statements published about the claimants.

“Interest on the sum of N5b at the rate of 10 percent per annum from the date of judgment until the judgment sum is realised or liquidated.

“An order directing the defendants to pay the claimants the sum of N50 million as costs of this action.”