I attentively read the Allied People's movement (APM) versus Tinubu, Shetima, APC, and INEC Petition, and all I can say is that it appears too humdrum, yet it contains the deepest venom against Tinubu, Shetima, APC, and INEC.
Many dismissed the case, claiming that the Supreme Court had already resolved the problem of multiple nomination. However, a detailed examination of the Petition reveals that the argument was never about Shetima's double nomination, but rather one of improper nomination.
The core of the case is that as at the time Tinubu nominated his running mate, he himself was no longer a candidate by virtue of the combined provisions of the Constitution and Electoral Act, 2022 in Section 142 (1) and Section 33 of the Constitution and Electoral Act, respectively.
Let me bring you up to speed on the facts, the legislation, and the APM's Petition before the Court of Appeal. Due to the perception of double nomination, the APC and Tinubu, in collaboration with INEC, filed a lawsuit before the Supreme Court that got them out of the trap of double nomination. However, in their attempt to avoid a duplicate nomination, they fell victim to INVALID NOMINATION.
Follow me with patience. Now, one truth has stayed continuous and undeniably solid throughout the pleadings and final address, as all parties are in agreement. The first, second, third, and fourth respondents all agreed that the "placeholder" Alhaji Masari resigned as Vice Presidential placeholder on June 24, 2022. They also agreed that the successor would be made on July 14, 2022. It is undeniable that a period of 21 days elapsed between the withdrawal and replacement.
Section 142 (1) of the 1999 Constitution (as amended) now states that a Presidential Candidate is ineligible if he has not nominated someone to run with him/her as Vice President. As a result, the ticket is ineffective unless a Vice Presidential Candidate is duly selected by the Presidential Candidate. So, in order to beat this restriction and other time constraints in the Electoral Act of 2022, the APC devised what is now known as the "Placeholder" to secure the Presidential ticket. Alhaji Masari was the APC's Vice Presidential Candidate in the eyes of our laws until his replacement. As a result, he had to investigate the clause of the Electoral Act of 2022 that allows him to withdraw as Vice Presidential Candidate on the 24th of June, 2022
Section 33 of the Electoral Act of 2022 is now visible to the blind since it requires a political party whose candidate withdraws to replace that candidate within 14 days. 14 days is 14 days, and no Court can grant an extension for anyone. No court can extend the time for filing an election petition.
APM is just stating that as of July 14, 2022, the APC has no valid candidate for President because its Vice Presidential Candidate withdrew 21 days before a replacement was chosen, rather than 14 days. This is our law, after all, and no court can change it because of one person. This is a clear example of divine power.
They fell into INVALID NOMINATION while attempting to avoid double nomination. Isn't God's approach superior to man's?
A reading of INEC's last address reveals the shameful partisanship of an agency that should be neutral. INEC fraudulently claimed that APM did not request that the APC replace its Vice Presidential Candidate within the 14-day period stipulated by law. But, thankfully, the Petition was available for APM to guide INEC's blind eyes to the section of the petition where the facts were stated copiously. What is left?
Now, the law, the facts, and the case are all against Tinubu's candidature, and no one can argue otherwise. I'm just waiting to see how the Law Lords handle this. It will be interesting to see an opposing viewpoint to what the law clearly states. But who am I to say?
Forget About Justice In Nigeria If Tinubu Is Not Disqualified By The Court — Silas Joseph Onu
July 20, 2023
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