The Peoples Democratic Party (PDP) has dragged the Independent National Electoral Commission (INEC), the All Progressives Congress, its presidential candidates, the Labour Party and its presidential candidates to court over the replacement of Vice Presidential candidates.
In an originating summons filed before the federal high court, Abuja divison, the PDP sought an order of the court stopping INEC from replacing the VP candidates of Bola Tinubu and Peter Obi.
While PDP is the plaintiff in the suit, the respondents include: INEC, APC, LP, Tinubu, Obi, Doyin Okupe and Kabiru Masari.
What the PDP is demanding
PDP wants the court to compel INEC to prevent APC and LP presidential candidates from replacing their running mates.
PDP also sought a declaration of the court for the disqualification of Tinubu and Obi if they fail to contest with their previous chosen running mates.
- “A declaration that by the combined interpretation of Section 142(1) of the Constitution of the Federal Republic of Nigeria 1999 (as amended), Sections 29(1), 31, 33 of the Electoral Act 2022, the 1st defendant’s (INEC’s) election timetable, the 3rd (Tinubu) and 6th (Obi) cannot validly contest the 2023 Presidential election without the 4th (Masari) and 7th (Obi) respondents as their respective running mates.
- “A declaration that by the combined interpretation of Section 142(1) of the constitution, Section 29(1), 31 and 33 of the Electoral Act 2022 and INEC’s timetable, both Tinubu and Obi must be bound by their submission,” the party stated in the suit.
- PDP is asking the court to determine that “if by the combined interpretation of Section 142(1) of the constitution, Section 29(1), 31 and 33 of the Electoral Act 2022, and INEC’s timetable, Tinubu and Obi are bound by the submission of Masari and Okupe respectively as their running mates.”
- They also prayed the court to determine that “if by the combined interpretation of Section 142(1) of the Constitution of the Federal Republic of Nigeria, Sections 29(1), 31, 33 of the Electoral Act 2022, the first defendant (INEC) can validly accept any change or substitution of the 4th (Masari) and 7th (Okupe) defendants as running mates of the 3rd (APC) and 6th (Labour Party) defendants.”
- The party noted that the 1999 constitution does not recognise the term “placeholder”.
- The party said “The Electoral Act makes no provisions whatsoever for placeholder or temporary running mates. The acts of the 2nd (APC), 3rd (Tinubu), 5th (Labour Party ) and 6th (Obi) defendants in nominating and forwarding the names of the 4th (Masari) and 7th (Okupe) defendants as running mates for the 2023 Presidential elections is valid and subsisting.”
What you should know
- Section 33 of the Electoral Act provides for the substitution of a candidate on account of death or voluntary withdrawal by the candidate.
- “A political party shall not be allowed to change or substitute whose name has been submitted pursuant to section 32 of this Act, except in the case of death or withdrawal by the candidate.
- Tinubu had earlier submitted the name of Kabiru Masari while Peter Obi submitted Doyin Okupe as running mates before the June 17 INEC deadline for submissions of running mate.
- However, Tinubu and Obi later announced Kashim Shettima and Datti Baba-Ahmed, respectively, as their new vice presidential candidates.
