A Federal High Court in Abuja has been asked to stop the All Progressives Congress from replacing Alhaji Kabiru Masari as the running mate to its presidential candidate in the 2023 presidential election, Asiwaju Bola Tinubu.
The plaintiffs want the court to determine whether having regard to the combined effect of sections 142 and sections 29 , 31, and 33 of the Electoral Act, it was legally permissible for the fourth defendant to withdraw as the vice-presidential candidate of the first defendant and the running mate of the third defendant so as to be substituted or replaced with another person by the first defendant as its candidate for the office of Vice President for purpose of the February 25, 2023,...
They also want the court to determine whether in view of the joint ticket provision in section 142 of the Constitution of the Federal Republic of Nigeria, 1999, the withdrawal of the fourth defendant as the candidate for the office of Vice President does not entail the automatic withdrawal of the third defendant as the candidate for the office of President for purpose of the 2023 general election.
The plaintiffs pointed out that Section 187 of the Constitution creates the governorship candidate and deputy governorship candidate’s joint ticket, just as section 142 establishes the joint ticket for the presidential candidate and vice-presidential candidate. “Accordingly, it is submitted that the same principles apply in both situations. In the case of the governorship candidate and deputy governorship candidate’s joint ticket, it was held in the Peoples Democratic Party versus Degi Eremienyo LPELR-49734, pp. 8-16, it was held: The sum total is that the joint ticket of the first and second respondents sponsored by the three respondents was vitiated by the disqualification of the first respondent.
“Similarly, it was held in Tafida v. Bafarawa & others LPELR-6510 , pp. 19-23, as follows: “On the non-joinder of one Alhaji Modi Yabo, who was said to have nominated the appellant as his running mate, it is true that the petitioner/appellant and Alhaji Modi Yabo must be seen as birds of same feathers that must ascend together and descend together. Each is a necessary complement to the other. One cannot fall alone leaving the other standing.
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