UPDATE: APM Asks Supreme Court To Remove Tinubu From Office

The Allied Peoples Movement (APM) and Chichi Ojei, the APM’s presidential candidate, have petitioned the Supreme Court to declare invalid and void all of President Bola Tinubu’s votes from the election of February 25, 2023.

Through their attorney, Chukwuma Machukwu-Ume (SAN), APM filed this appeal.

The party is contesting the decision of the Presidential Election Petitions judicial, which dismissed their petition for lack of locus standi, being a pre-election matter, and misuse of judicial process in light of a ruling by the Supreme Court that was similar to that of the Presidential Election Petitions Court.

Presidential Poll: Judgement Ongoing On APM’s Petition Against Tinubu

In their appeal dated October 2, 2023, APM argued that the lower court had either misunderstood or misinterpreted their case as well as the provisions of Section 142(1) of the 1999 Nigerian Constitution read in conjunction with the 2022 Electoral Act regarding Tinubu and Kashim Shettima’s eligibility or ineligibility for office.

Machukwu-Ume argued that the lower court had misunderstood Sections 285 (9) and 285 (14), both of the Nigerian Constitution of 1999, and that Section 142 is linked to both Sections 131 and 137 of the constitution as well as Section 33 of the Electoral Act of 2022, which governs the nomination process for Tinubu and Shettima.

While criticising the exclusion of Kabiru Masari’s name from the lawsuit, the former APC running mate who he described as a relevant party, APM argued that Masari’s replacement as the party’s vice presidential candidate was illegal under the law.

APM Opens, Closes Case In Petition Against Tinubu’s Presidential Victory

Machukwu-Ume said that Shettima was allegedly forwarded to the Independent National Electoral Commission (INEC) as Masari’s successor on July 15, 2022, which was after the deadline allowed by law. Masari allegedly withdrew his candidature on June 24, 2022.

He asserted, “In the instant case, the 5th Respondent (Masari) having withdrawn, the 4th Respondent (Shettima) must be nominated within a window period of 14 days from the time of withdrawal contemplated under Section 33 of the Electoral Act, 2022),” in order for there to be a validly nominated running candidate to 3rd Respondent (Tinubu). We respectfully point my lords to the explicit rules in Section 33 of the Electoral Act of 2022.

“Failure of the 2nd, 3rd and 4th Respondents (APC, Tinubu and Shettima) to comply to the mandatory requirements of Chapter 6 of the Constitution of the Federal Republic of Nigeria, 1999 (as amended) renders the declaration of the 3rd and 4th Respondents (Tinubu and Shettima) by the 1st Respondent (INEC) invalid and liable to be held void by this honourable court.”

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