The opposition Peoples Democratic Party (PDP) has filed a suit compelling the Independent National Electoral Commission (INEC) to stop the All Progressives Congress (APC) and Labour Party from replacing their earlier nominated vice-presidential candidates.
It would be recalled that the APC presidential candidate, Bola Tinubu, nominated one of the party’s chieftains in Katsina State, Kabiru Masari, as a surrogate running mate or placeholder in order to beat the June 17 INEC deadline.
In the same vein the Labour Party presidential candidate, Peter Obi, nominated his campaign manager, Doyin Okupe, as an interim running mate.
Masari was later replaced with former Borno State Governor Sen. Kashim Shettima, while Okupe was replaced with Senator Datti Baba-Ahmed.
However, the PDP, in suit number FHC/ABJ/CS/1016/2022, asked the court to disqualify Tinubu and Obi for the 2023 presidential election unless they contest alongside their previous running mates.
The party asked the court to rule that both Tinubu and Obi will be disqualified the moment they substitute the names of their running mates.
The opposition party is also seeking an order barring INEC from replacing the running mates of Tinubu and Obi.
According to Punch, those listed as first to seventh respondents in the case are INEC, APC, Tinubu, Masari, Labour Party, Obi and Okupe.
The PDP further asked the court to determine if by the combined interpretation of Section 142(1) of the constitution, Section 29(1), 31 and 33 of the Electoral Act 2022, and INEC’s timetable, Tinubu and Obi are bound by the submission of Masari and Okupe respectively as their running mates.
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It also asked the court to determine if “by the combined interpretation of Section 142(1) of the Constitution of the Federal Republic of Nigeria, Sections 29(1), 31, 33 of the Electoral Act 2022, the first defendant (INEC) can validly accept any change or substitution of the 4th (Masari) and 7th (Okupe) defendants as running mates of the 3rd (APC) and 6th (Labour Party) defendants.”
The PDP is also seeking five reliefs including a declaration that by the combined interpretation of Section 142(1) of the constitution, Section 29(1), 31 and 33 of the Electoral Act 2022 and INEC’s timetable, both Tinubu and Obi must be bound by their submission.
One of the reliefs read: “A declaration that by the combined interpretation of Section 142(1) of the Constitution of the Federal Republic of Nigeria 1999 (as amended), Sections 29(1), 31, 33 of the Electoral Act 2022, the 1st defendant’s (INEC’s) election timetable, the 3rd (Tinubu) and 6th (Obi) cannot validly contest the 2023 Presidential election without the 4th (Masari) and 7th (Obi) respondents as their respective running mates.”
The PDP also argued that the term ‘placeholder’ is not stated in the Electoral Act.
“The Electoral Act makes no provisions whatsoever for placeholder or temporary running mates. The acts of the 2nd (APC), 3rd (Tinubu), 5th (Labour Party ) and 6th (Obi) defendants in nominating and forwarding the names of the 4th (Masari) and 7th (Okupe) defendants as running mates for the 2023 Presidential elections is valid and subsisting,” the party added.
