APC Chieftains Ask Court to Stop Party, INEC from Replacing Masari as Tinubu’s Running mate

Alex Enumah

Two chieftains of the All Progressives Congress (APC), have asked a Federal High Court to stop the APC and the Independent National Electoral Commission (INEC) from replacing Alhaji Kabiru Masari, as the running mate to Asiwaju Bola Tinubu, the presidential candidate of the APC in the 2023 presidential election.

Tinubu had few days to the deadline for the submission of his nomination form, announced Masari as his running mate, though on a “Place Holder” capacity. 

But, the plaintiffs, who were delegates in the just concluded APC National Convention, Zakari Maigari and Zubainatu Mohammed, are by this suit asking the court to stop INEC from accepting any change of the vice presidential candidate from APC.

Defendants in the suit marked FHC/ABJ CS/1059/2022 include; APC, INEC, Asiwaju Bola Tinubu and Kabiru Masari as defendants.

Plaintiffs in the suit dated July 4, 2022, want the court to determine whether having regard to the combined effect of sections 142(1) and sections 29(1), 31 and 33 of the Electoral Act, it is legally permissible for the 4th defendant to withdraw as the vice-presidential candidate of the 1st defendant and the running mate of the 3rd defendant so as to be substituted or replaced with another person by the 1st defendant as its candidate for the office of Vice President for purpose of the February 25, 2023 Presidential Election.

They also want the court to determine whether in view of the joint ticket provision in Section 142(1) of the 1999 Constitution, the withdrawal of the 4h defendant as the candidate for the office of Vice President does not entail the automatic withdrawal of the 3rd defendant as the candidate for the

office of President for purpose of the 2003 General Elections.

The plaintiffs in the suit sought the following reliefs: 

Whether having regard to the combined effect of Sections 142(1), 29(1), 31 and 33 of the Electoral Act, it is legally permissible for the 4th defendant to withdraw as the vice-presidential candidate of the 1st defendant and the running mate of the 3 defendant so as to be substituted or replaced with another person by the 1st defendant as its candidate for the office of Vice President for purpose of the February 25, 2023 Presidential Election.

“Whether the 3rd defendant having nominated the 4th defendant in compliance with Section 142(1) of the 1999 Constitution, the 3rd defendant can subsequently validly undertake or effect nomination of any other person to replace the 3rd defendant whether upon withdrawal of the 4th defendant or under any other circumstances, in view of the provisions of Section 33 of the Electoral Act, 2022.

The plaintiffs pointed out that Section 187 (1) of the Constitution creates the Governorship candidate and Deputy-Governorship candidate joint ticket, just as section 142(1) establishes the joint-ticket for the Presidential candidate and Vice-Presidential candidate. 

The plaintiffs cited several cases including those of PDP vs Degi Eremienyo, Tafida vs Bafarawa and others, Balewa vs Muazu wherein the courts held that a candidate and his running mate “must be seen as birds of same feathers that must ascend (fly) together and descend together. Each is a necessary compliment to the other. One cannot fall alone leaving the other standing. Nay, they must stand or fall together”.