The Supreme Court’s ruling on Friday delved into the merits of the Peoples Democratic Party (PDP)’s double nomination suit against vice-president elect, Kashim Shettima, where it affirmed that Mr Shettima validly contested the presidential election after resigning his senatorial candidacy. 

The apex court relied on an issue of the PDP’s appeal which disagreed with the lower courts’ verdict for not delving into the matter to make a pronouncement.

The court, although, argued it could not delve into the merits of the matter by invoking its vast powers because it had itself found that the appellants lacked the locus standi – right – to file the suit, said a brief examination of the facts shows that PDP failed to prove its case.

“For public policy sake, I must state that indeed the 4th Respondent withdrew from the nomination for Borno Central District on the 6th of July, 2022 exhibited as Exhibit APC 1 on page 58 of the record of Appeal.

“The political party sent to the INEC same 6th of July, 2022 the notice of withdrawal. The political party further sent on the 10th of July, 2022 notification of dates for the conduct of fresh primaries for the senatorial district and the latter letter exhibit APC2 on page 59 of the record carried the reference of Exhibit APCI. That is as at the 6th of July.2022 there was no longer nomination of the 4th Respondent for Borno Central Senatorial District and there could not have been double nomination on the 14th of July. 2022,” the court ruled.

Lawyers have previously argued that the PDP would have had a better opportunity to present and argue the case at the presidential election petition court (PEPC) as Friday’s ruling is now a substantive authority that has put the case to rest in light of the obligation of lower courts to abide by the apex court’s ruling.

The ruling also made the double nomination petition the first contest against the February 25 presidential election to be resolved and in favour of INEC-declared winners.