The Peoples Democratic Party has asked the Independent National Electoral Commission (INEC) to disqualify the All Progressives Congress Presidential candidate, Bola Tinubu, and Labour Party bearer, Peter Obi, for replacing their running mates with Kashim Shettima and Datti Baba-Ahmed respectively.
The PDP made the call in a lawsuit – FHC/ABJ/CS/1016/2022, barring INEC from replacing the running mates of Tinubu and Obi.
Tinubu and Obi replaced their previous running mates Kabiru Masari and Doyin Okupe, with Shettima and Baba-Ahmed, respectively.
PDP 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.
The party 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 also says it seeks 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 reads, “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 opposition party also said “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.
In a supporting affidavit, the PDP stated that some of the defendants had stated openly that they were mere placeholders.
“I know that the 3rd (Tinubu) and 6th (Obi) defendants have stated in media interviews and publications that the 4th (Masari) and 7th (Okupe) defendants are not their real running mates but merely holding the place as placeholders for the real running mates,” it stated.
