The All Peoples Movement (APM) is also seeking to nullify Tinubu’s election because of, according to it, the “flawed process” of nominating his vice presidential pick, Kashim Shettima.
APM, which filed a petition against the outcome of the 25 February presidential election on 20 March, asked the tribunal to declare Atiku as the president-elect.
Double or multiple nominations
In its petition, the APM whose presidential candidate, Chichi Ojei, polled 25,961 votes, argued that Tinubu was not properly sponsored by the APC by fielding Shettima as vice presidential candidate for the election.
Tinubu, while submitting his presidential nomination form to INEC in June 2022, chose Ibrahim Masari, a politician from President Muhammadu Buhari’s home state Katsina, as a “placeholder” for the substantive vice presidential candidate who would later be Mr Shettima.
Masari served as a placeholder and later announced his withdrawal from the position, which paved the way for Tinubu to name Mr Shettima as his running mate on 10 July 2022.
The APM referenced this as one of its major grounds for complaint over the outcome of the presidential election.
It accused Shettima of “double nominations” having been nominated by the APC as its senatorial candidate for Borno Central District and later vice-presidential flagbearer for the 25 February polls.
APM argued that as of 15 July 2022, Mr Shettima was still a “validly nominated senatorial candidate” of the APC for Borno Central…”
Referencing an acknowledgement slip dated 14 July 2022, from INEC’s online portal, the petitioner said the document showed Mr Shettima replaced Masari as APC’s vice presidential candidate.
“The acts of the 4th respondent (Mr Shettima) double or multiple nomination make his nomination for either of the elective offices/constituencies void particularly the latter.”
Masari’s withdrawal invalidates Tinubu’s candidacy
According to the petitioner, the validity of Tinubu’s nomination as APC’s presidential candidate was “hinged” on his running mate.
Read Also: Oyo tribunal receives six petitions challenging governorship, assembly polls
APM contended that Tinubu nominated Masari and forwarded the latter’s name to INEC as a vice presidential candidate.
In a copious reference to Sections 131 (C) and 142 of the constitution, the petitioner said Masari “withdrew his purported nomination thereby invalidating the nomination” of Tinubu as APC’s presidential candidate.
It emphasised that there was a three-week gap between the period of Masari’s notice of withdrawal and his actual pull-out from the contest.
The APM argued that by the time Tinubu picked Shettima as his running mate, the President-elect’s “candidature had lapsed” and he was no longer in a position constitutionally to nominate a running mate since he had ceased to be a presidential candidate of the APC.
It further argued that the APC was “bereft of any power…to substitute…” Masari “whose name had already been submitted (as vice presidential candidate) to” the electoral umpire.
PRAYERS
In the petition filed on 20 March, APM’s lawyer, O.M. Atoyebi (SAN), urged the Presidential Election Petition Court to make an order nullifying “all the votes scored” by Tinubu in the presidential election in view of his non-qualification as a candidate of” the APC.
The petitioner said if the court voids Tinubu’s 8.8million votes, it should further set aside his declaration as President-elect by INEC.
According to the APM, if the court grants its prayers, it would have effectively excluded Tinubu from the 25 February poll, adding that it should proceed to declare Atiku as the President-elect elect, having polled the second highest votes.