The APM asked the Supreme Court to re-examine the lower court’s ruling and declare Mr Tinubu unqualified to contest.
The Allied Peoples Movement (APM) has joined other aggrieved political parties like the Peoples Democratic Party and Labour Party to seek the nullification of President Bola Tinubu’s election victory at the Supreme Court.
The APM contends that the presidential election petitions tribunal’s decision of September 6 upholding Mr Tinubu as having legitimately won the election was flawed because the court only dismissed their petition on the grounds of double nomination rather than looking at the issue from the perspective that Mr Tinubu failed to choose a running mate within the 14-day window stipulated by law following the withdrawal of placeholder Kabiru Masari.
“The Appellant’s petition was not one founded solely on nomination, but primarily that the 3rd respondent (Tinubu) contested the presidential election without a lawful associate running as his Vice President,” the document APM filed at the Supreme Court stated.
It added, “That the withdrawal of (Mr Ibrahim Masari) 5th respondent and the expiry of the 14 days permissible for changing a withdraw(sic) or dead candidate under section 33 of the Electoral Act 2022, made the 3rd Respondent’s election and return invalid.”
APM argued that the tribunal was wrong to have dismissed the matter as a pre-election matter, asserting that neither sections 131 or 142 (1) of the 1999 Constitution “can be confined as a pre-election matter, as these qualifications are condition precedents to being elected to the office of President.”
The petitioner said the tribunal ruling was deeply flawed given that it focused on technicalities favouring Messrs Tinubu and Shettima while ignoring concerns about whether or not the two were validly elected.
According to the plaintiff, to be validly elected was a phrase that addressed the state of “being qualified to contest the election,” the phrase was broad enough to address concerns of qualification and disqualification, as required by law.
The APM asked the Supreme Court to re-examine the lower court’s ruling and declare Mr Tinubu unqualified to contest, rendering null and void his election victory.
