2023: Peter Obi, Tinubu Sued By PDP, Party Seeks Disqualification Over Running Mates

A lawsuit has been filed by the Peoples Democratic Party (PDP) compelling the Independent National Electoral Commission (INEC) to stop the Labour Party presidential candidate, Peter Obi, and the All Progressives Congress (APC) flag bearer, Bola Tinubu from replacing their running mates with Senator Kashim Shettima and Senator Datti Baba-Ahmed respectively.

The PDP is requesting that the court disqualify the aforementioned individuals unless they contest alongside their previous running mates, Kabiru Masari and Doyin Okupe.

In the suit marked  FHC/ABJ/CS/1016/2022, the PDP is seeking an order barring INEC from replacing Obi and Tinubu's running mates.

The court has also been asked by the main opposition party to determine "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 PDP is also seeking five reliefs including 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.

One of the five reliefs the PDP is seeking reads: "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.”

"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", the PDP added.