“In trying to run away from DOUBLE NOMINATION, the APC ran into INVALID NOMINATION.”

After the Supreme Court ruled on PDP’s case on Shettima’s Double Nomination suit, most Nigerians wrote off the APM Petition at the Presidential Election Petition Tribunal as being a waste of court’s time but emerging facts about the details of their petition has shown that their petition might be the dark horse that might bite Tinubu and the APC the deepest.

First, a combined reading of the Constitution and the Electoral Act shows that any party whose candidates resigns after the closure of nomination process has the total of 14 days to replace such candidate.

Now, both INEC and APC and Tinubu accepted in court that Ibrahim Masari who was APC Vice Presidential placeholder candidate tendered his resignation on 24th June, 2022.

Again, all parties agree that Kashim Shettima became the new Vice Presidential candidate on 14th July, 2022 (because they were running from double nomination so they denied it was on 6th July).

Now, between 24 June, 2022 - 14 July, 2022 is a total period of 21 days. That’s a whopping 7 days beyond the constitutionally provided window of 14 days.

Now, APM is arguing that as of the time that Kashim Shettima was nominated as Vice Presidential candidate of the APC, Bola Tinubu had ceased to be a valid presidential candidate having stayed 7 days without a Vice Presidential candidate which invalidated his candidacy.

If Tinubu is not disqualified by the Court, forget about justice in Nigeria.

I have carefully perused the Petition of APM versus Tinubu, Shetima, APC and INEC and all I can say is that it appeared too mundane, but carries the strongest venom against Tinubu, Shetima, APC and INEC.

Many looked down on the case and say that the Supreme Court has already determined the issue of double nomination. However, a close look at the Petition will show that the case was never about double nomination of Shetima, but one of invalid 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 a combine 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 closer to the fact, law and the Petition before Court of Appeal by the APM. Due to the impression created about double nomination, the APC and Tinubu, in concert with INEC have presented a case before the Supreme Court that got them out of the trap of double nomination. However, in the there bid to escape double nomination, they fell into INVALID NOMINATION.

Follow me, patiently. Now, in the pleadings and final address, one fact remained consistent and undoubtedly solid as all the parties are in concurrence. The 1st, 2nd 3rd and 4th Respondents all agreed that the "placeholder" Alhaji Masari, withdrew as Vice Presidential placeholder on 24th of June, 2022. They also all agreed that the replacement was made on 14th July, 2022. It is not debatable that between the withdrawal and replacement, a period of 21 days lapsed.

Now, Section 142 (1) of the 1999 Constitution (as amended) provides that a Presidential Candidate is not qualified if he has not nominated another person to run with him/her as Vice President. So, without a Vice Presidential Candidate duly selected by the Presidential Candidate, the ticket is useless. So, in order to beat this provision and other requirements for time in the Electoral Act, 2022 that APC invented what we now call the "Placeholder" to secure the Presidential ticket. For the period before his replacement, Alhaji Masari was the Vice Presidential Candidate of the APC in the eyes of our laws. This was why he had to also explore the provision of the Electoral Act, 2022 to withdraw as Vice Presidential Candidate on the 24th of June, 2022.

Now, Section 33 of the Electoral Act, 2022 is also visible to the blind as it mandate a political party whose Candidate withdraws to replace such a candidate within 14 days. 14 days is 14 days and no Court can extend such a time for anyone. It is just like time for election petition can not be extended by any court.

APM is simply saying that as at the 14th day of July, 2022 APC had no valid Candidate for President as its Vice Presidential Candidate withdrew 21 days before a replacement was made, instead of within 14 days. You see, this is our law and no court can amend it because of one person. This is a clear case of power coming from God.

While they attempted to evade double nomination, they fell into INVALID NOMINATION. Isn't God's way above the ways of man?

A perusal of INEC's final address reveals the disgraceful partisan posture of an institution that ought to be neutral. INEC shamelessly claimed that APM did not plead that APC replaced its Vice Presidential Candidate outside 14 days allowed by law. But, luckily, the Petition was handy for APM to point INEC's blind eyes to the portion of the petition where the facts were copiously pleaded. What remains?

Now, the law, the facts and the case are all against the Candidacy of Tinubu and no one can say otherwise. I only wait to see how the law Lords will deal with this. It will be interesting to see a contrary position from what the law clearly is. But what do I know?

Silas Joseph Onu, Esq.
Abuja - Nigeria.

https://twitter.com/frankekechukwu/status/1680719876044849152?s=46&t=2AB_wrBea-oBYJf5ZCFV-A

Nlfpmod
Mynd44

The odds are against Tinubu and the APC

Tinubu knows he is going down reason he now resort to threatening the judiciary with a phantom anarchy and chaos.

Nigeria security agencies should be on red alert and ensure that Tinubu is held responsible for any anarchy and chaos that will emanate as a result of being sacked by the courts

If Tinubu is not disqualified by the Court, forget about justice in Nigeria

Interesting.

All the major opposition parties will be preparing for the 2027 election by now. Tinubu will rule till 2027.

Tinubu is a goner

If Tinubu is not disqualified by the Court, forget about justice in Nigeria.

See blackmailing. They blackmailed the voters, blackmailed INEC, SC is the next

So if SC disqualified Tinubu, Nigeria justice system is in order.. No wonder INEC is also not in order as their decision did not favour una.

Election can only be credible if they won

What a bad time in the political, democratic and constitutional journey of this nation to have a well known criminal electoral mandate holder stagnating the progress therein.

Shai, crime truly does not pay lol

Is this what Tinubu saw that caused his outburst about “chaos”?

helinues:


See blackmailing. They blackmailed the voters, blackmailed INEC, SC is the next

So if SC disqualified Tinubu, Nigeria justice system is in order.. No wonder INEC is also in order as their decision did not favour una.

Election can only be credible if they won

Did you read the body of the article?

That’s what you should be reacting to and not what he said.

Penguin2:

Did you read the body of the article?

That’s what you should be reacting to and not what he said.

Which body or bottom? Would it be different from all those ANAP poll analysis before the election?

helinues:


Which body or bottom? Would it be different from all those ANAP poll analysis before the election?

You are just naive. The ANAP polls were correct Tinubu rugged himself in so what nonsense example are you quoting.

Anyways Tinubu is now jittery and the world knows the truth now cry more 🤣

Graduate indeed

What an incoherent outburst from a well known town crier

helinues:


See blackmailing. They blackmailed the voters, blackmailed INEC, SC is the next

So if SC disqualified Tinubu, Nigeria justice system is in order.. No wonder INEC is also in order as their decision did not favour una.

Election can only be credible if they won

Penguin2:

Did you read the body of the article?

That’s what you should be reacting to and not what he said.

You are becoming desperate and losing it son.nominstion is purely internal to a party

Ikaeniyan0:
All the major opposition parties will be preparing for the 2027 2031 election by now. Tinubu will rule till 2027 2031.

Fixed.

My worry is how Obi-dients suddenly move from " This drug case will disqualify Tinubu" to " Tinubu cant scale through this 25% hurdles".

U guys opened multiple threads to tell us how EU,U.S and UN would send FBI to testify against him, but now, you're hammering on 25% issue when the former failed



This sounds like a curse from the gods and its aim at getting Obi-diots preoccupied with one thing or the other

It is a dead case, the Supreme Court has settled that.

This is nothing but the usually fantasy obidients are used to romancing. Anything to keep hope alive.

It is as EMPTY as Atiku and Peter Obi's petition.

NULL and VOID lol.

Let see how it goes Nigeria matter tire me.

helinues:


Which body or bottom? Would it be different from all those ANAP poll analysis before the election?

🤣🤣🤣🤣

Bye to tribal politics. Bye to State capture.

Isn't God wonderful?

garfield1:


You are becoming desperate and losing it son.nominstion is purely internal to a party

How is it internal that Tinubu was in INVALID candidate for 7 days?

fergie001:
It is a dead case, the Supreme Court has settled that.

The Supreme Court settled DOUBLE NOMINATION.

The Supreme Court did not adjudicate on INVALID NOMINATION.

The crux of the matter here is that the window allowed in law for substitution of a candidate who withdraws his candidacy is 14 days but Tinubu stayed 21 days.

APM’s argument is that for 7 days after the expiration of Constitutionally allowed 14 days, Tinubu was an invalid candidate which by implication invalidated his nomination entirely.

Was that what the Supreme Court adjudicated on?

Penguin2:

The Supreme Court settled DOUBLE NOMINATION.

The Supreme Court did not adjudicate on INVALID NOMINATION.

The crux of the matter here is that the window allowed in law for substitution of a candidate who withdraws his candidacy is 14 days but Tinubu stayed 21 days.

APM’s argument is that for 7 days after the expiration of Constitutionally allowed 14 days, Tinubu was an invalid candidate which by implication invalidated his nomination entirely.

Was that what the Supreme Court adjudicated on?

Jostoman:
how

BluntCrazeMan:
The SC didn't specifically rule on the double nomination..
The SC dismissed the case of PDP, being that it was supposed to be an intra-party matter at the time.

And now again,, the SC didn't also rule on the 14-days vs 21-days debate which just arose.

Penguin2:

You are wrong sir. Try to read the details of the case. The matter has taken a different dimension from what the Supreme Court adjudicated on.

First, a combined reading of the Constitution and the Electoral Act shows that any party whose candidates resigns after the closure of nomination process has the total of 14 days to replace such candidate.

Now, both INEC and APC and Tinubu accepted in court that Ibrahim Masari who was APC Vice Presidential placeholder candidate tendered his resignation on 24th June, 2022.

Again, all parties agree that Kashim Shettima became the new Vice Presidential candidate on 14th July, 2022 (because they were running from double nomination so they denied it was on 6th July).

Now, between 24 June, 2022 - 14 July, 2022 is a total period of 21 days. That’s a whopping 7 days beyond the constitutionally provided window of 14 days.

Now, APM is arguing that as of the time that Kashim Shettima was nominated as Vice Presidential candidate of the APC, Bola Tinubu had ceased to be a valid presidential candidate having stayed 7 days without a Vice Presidential candidate which invalidated his candidacy.

Bobloco:


I hope you know that this is a case of invalid nominations not the case of double nomination instituted by the PDP which the supreme court have already decided. They are two different thing

Go and read the judgement again.

Nomination of a Candidate is the internal affairs of a Political Party, the SC had chorused. There is no jurisdiction whatsoever for any Party to file same.

Nomination and/or Sponsorship of a Candidate is the business of that Political Party.

“It is settled law that the issue of nomination of a candidate by a political party for any election is within the exclusive preserve of the political parties and that the Courts have no to interfere therein as decided in a number of cases including Onuoha v Okafor & Ors, Dalhatu v Turaki, Pali v Abdu, PDP v Sylva, etc.

No locus standi, just like Obi's LP matter .... There is no merit whatsoever, no jurisdiction.

You see, the Silas Joseph Onu was trying to be too clever by not completing the section he quoted:

This is S33, he quoted by half:

A political party shall not be allowed to change or substitute its candidate whose name has been submitted under section 29 of this Act, except in the case of death or withdrawal by the candidate : Provided that in the case of such withdrawal or death of a candidate, the political party affected shall, within 14 days of the occurrence of the event, hold a fresh primary election to produce and submit a fresh candidate to the Commission for the election concerned.

Do you conduct Primaries for the position of Vice President?

S31 is where the Shettima/Masari issue comes under:
A candidate may withdraw his or her candidature by notice in writing signed by him and delivered personally by the candidate to the political party that nominated him for the election and the political party shall convey such withdrawal to the Commission not later than 90 days to the election.

Even if we concede that it was past 14 days, it is a pre-election matter that has expired past the constitutional 14 days after the cause of action.

APM is a meddlesome interloper, a busybody who had no business to challenge or try to inquire into the domestic affairs of another Political Party.

This is akin to the APC trying to probe Obi's membership of LP.

Again, APM has not shown Any injury Shettima's alleged invalid/non-valid/double nomination has caused them. For the records, the APM came overall last in the Presidential Election. Their Candidate in the last election is still a subject of litigation. Ironically so, they openly and publicly announced their backing of the PDP in the last Presidential election.... They will be fined for this frivolous suit.

Very simple

Penguin2:
“In trying to run away from DOUBLE NOMINATION, the APC ran into INVALID NOMINATION.”

https://twitter.com/frankekechukwu/status/1680719876044849152?s=46&t=2AB_wrBea-oBYJf5ZCFV-A

Nlfpmod
Mynd44

Tinubu cannot escape being sacked this year no matter how he tries to corrupt the judiciary. He will make history as the first democratic president to be booted out of Aso Rock.

fergie001:
It is a dead case, the Supreme Court has settled that.

So I thought too. But this is surprising to me. If this is true then BAT hmmm.....

Penguin2:

How is it internal that Tinubu was in INVALID candidate for 7 days?

Section 84 which governs substitution and nomination has made it purely an internal party matter

fergie001:


Go and read the judgement again.

Nomination of a Candidate is the internal affairs of a Political Party, the SC had chorused. There is no jurisdiction whatsoever for any Party to file same.

Nomination and/or Sponsorship of a Candidate is the business of that Political Party.

“It is settled law that the issue of nomination of a candidate by a political party for any election is within the exclusive preserve of the political parties and that the Courts have no to interfere therein as decided in a number of cases including Onuoha v Okafor & Ors, Dalhatu v Turaki, Pali v Abdu, PDP v Sylva, etc.

No locus standi, just like Obi's LP matter .... There is no merit whatsoever, no jurisdiction.

You see, the Silas Joseph Onu was trying to be too clever by not completing the section he quoted:

This is S33, he quoted by half:

A political party shall not be allowed to change or substitute its candidate whose name has been submitted under section 29 of this Act, except in the case of death or withdrawal by the candidate : Provided that in the case of such withdrawal or death of a candidate, the political party affected shall, within 14 days of the occurrence of the event, hold a fresh primary election to produce and submit a fresh candidate to the Commission for the election concerned.

Do you conduct Primaries for the position of Vice President?

S31 is where the Shettima/Masari issue comes under:
A candidate may withdraw his or her candidature by notice in writing signed by him and delivered personally by the candidate to the political party that nominated him for the election and the political party shall convey such withdrawal to the Commission not later than 90 days to the election.


Even if we concede that it was, it is a pre-election matter that has expired past the constitutional 14 days after the cause of action.

Again, APM is a meddlesome interloper, a busybody who had no business to challenge or try to inquire into the domestic affairs of another Political Party.

This is akin to the APC trying to probe Obi's membership of LP.

Again, APM has not shown Any injury Shettima's alleged invalid/valid/double nomination has caused them. For the records, the APM came overall last in the Presidential Election. Their Candidate in the last election is still a subject of litigation. Ironically so, they openly and publicly announced their backing of the PDP in the last Presidential election.... They will be fined for this frivolous suit.

The temptation is to dispute some of your claims but I do not wish to.

But I remember that same you have said that some pre-election matters can be carried over into post election litigations.

Again, it doesn’t matter who APM supported before the election nor the position they took, the point is that they validly participated in the election (as of today) and therefore have every right to seek redress on the outcome of the election in whichever aspect they seem displeased with.

Again, if 14 days is not the window allowed for the nomination of a new candidate after the old candidate dies or withdraws, then how many days is it?

Why did the LP keep to the 14 days window in the case of their senatorial candidate that was assassinated in Enugu East,

Why did PDP keep to the 14 days window of their guber candidate that died in Abia,

But you think a different interpretation of the law can be made for Tinubu in the replacement of his running mate?

Shouldn’t the fact that a primary election is not required for the nomination of a Vice Presidential candidate be the reason it should have been faster rather than take 21 days?

Penguin2:

The temptation is to dispute some of your claims but I do not wish to.

But I remember that same you have said that some pre-election matters can be carried over into post election litigations.

Again, it doesn’t matter who APM supported before the election nor the position they took, the point is that they validly participated in the election (as of today) and therefore have every right to seek redress on the outcome of the election in whichever aspect they seem displeased with.

Again, if 14 days is not the window allowed for the nomination of a new candidate after the old candidate dies or withdraws, then how many days is it?

Why did the LP keep to the 14 days window in the case of their senatorial candidate that was assassinated in Enugu East,

Why did PDP keep to the 14 days window of their guber candidate that died in Abia,

But you think a different interpretation of the law can be made for Tinubu in the replacement of his running mate?

Shouldn’t the fact that a primary election is not required for the nomination of a Vice Presidential candidate be the reason it should have been faster rather than take 21 days?

If u be lawyer u for no win a single case all ur life.

Penguin2:

The temptation is to dispute some of your claims but I do not wish to.

But I remember that same you have said that some pre-election matters can be carried over into post election litigations.

garfield1 can help me here.

What I said was that some pre-election matters can crystallise to post-election only if it touches on the constitutional eligibility requirements of that Candidate. (I will add some screenshots if I can).
I also referenced forgery as one of those eligibility requirements!
It is not the case here.

Again, it doesn’t matter who APM supported before the election nor the position they took, the point is that they validly participated in the election (as of today) and therefore have every right to seek redress on the outcome of the election in whichever aspect they seem displeased with.

They have not showed the injury they suffered, they do not even seek to benefit from the judgement.

Again, if 14 days is not the window allowed for the nomination of a new candidate after the old candidate dies or withdraws, then how many days is it?

Only for elective Candidate. That is why the issue of fresh primary election was mentioned. The EA is silent for non-elective Candidates.

Why did the LP keep to the 14 days window in the case of their senatorial candidate that was assassinated in Enugu East,
Why did PDP keep to the 14 days window of their guber candidate that died in Abia

Because it is for elective position.
That is Senatorial, Abia is for Governorship.

But you think a different interpretation of the law can be made for Tinubu in the replacement of his running mate?

Tinubu's running mate who is the subject of this case is not contesting an elective position. He doesn't need a fresh primary to be so nominated. Again, even if there was no strict adherence only an aspirant in APC can sue and will do so in 14 days.

Shouldn’t the fact that a primary election is not required for the nomination of a Vice Presidential candidate be the reason it should have been faster rather than take 21 days?

The lacuna in the EA wrt is why the Court will say nothing on it.
It is issues like this that will make the NA to amend that aspect of our laws.

Make una remove this man and stop wasting my data... Make the celebrations begin

Reality