The Allied Peoples Movement (APM) has filed a 10-ground appeal before the Supreme Court challenging the decision of the Presidential Election Petition Court which affirmed the victory of President Bola Tinubu.
The party in a notice of appeal filed by its new counsel Chukwuma – Machukwu Ume, asked the apex court to set aside the judgment of the Presidential Election Petitions Court for numerous errors in law.
The Election Petition Court had struck out the Allied Peoples Movement petitions against President Bola Tinubu and his Vice President, Kashim Shettima, for lack of merit.
While dismissing the petition, the PEPC described APM’s case filed to nullify Tinubu’s election as “incompetent”.
The chairman of the panel, Justice Haruna Tsammani, who read the decision of the court held that issues raised by the APM in its petition contained pre-election matters that could only be determined by the Federal High Court.
But in its 10 grounds of appeal, the party stated that sections 131 and 142 (1) of the 1999 Constitution are inextricably linked and neither can be confined as a pre-election matter, as these qualifications are conditions precedent to, for being elected into the office of President.
The appellant’s petition is primarily challenging the election of former Lagos State governor, Bola Tinubu on ground that he contested the presidential election without a lawful running mate.
The party added that the withdrawal of Ibrahim Kabir Masari and the expiry of the 14 days permissible for changing, withdrawing, or dead candidates under Section 33 of the Electoral Act 2022, made Tinubu’s election and return, invalid.
According to the party, the PEPC abandoned its duty and jurisdiction of hearing and determining it’s question of whether President Bola Ahmed Tinubu and Kashim Shettima were “validly elected” to the office of President and Vice President under the Constitution as stipulated by Section 239(1) of the Constitution of the Federal Republic of Nigeria 1999 (as amended).
APM contends that “validly elected” encompasses being qualified to contest the election, adding that a valid election includes the threshold qualifications and disqualification as stipulated in the Constitution.
It said the approach of the court below was to avoid the weighty issue of validly elected through imputing technical elevation pre-election issues.
APM therefore prayed the Supreme Court to allow the appeal and hold that Tinubu was not qualified to contest as the presidential candidate of APC having violated the provisions of Section 142 (1) of the Constitution of Federal Republic of Nigeria 1999 (as amended).
The party also prayed for a declaration that the return of Tinubu by the Independent National Electoral Commission (INEC), as the President-elect of the Federal Republic of Nigeria is null, void of no legal effect whatsoever.