by Judicial Reporters
On Monday, October 23, the APM appeal came up at the Supreme Court of Nigeria.
It was a black day at the Court. The Supreme Court, particularly Justice Emmanuel Agim,JSC descended into the fray and threw judicial caution to the winds. The Court fabricated the case for the parties. It threatened Counsel with severe sanctions if they didn’t withdraw the case .
The APM appealed on a narrow and simple issue predicated on S 142(1) of the Constitution, which enjoins a presidential candidate to nominate a valid associate to run with him. President
Tinubu nominated one Alhaji Masari more or less as a placeholder. Alhaji Masari later withdrew to accommodate Sen Kashim Shettima. He was supposed to withdraw and be replaced not later than 14 says as provided in the proviso to S. 33 of the Electoral Act 2022. In fact, the withdrawal was way more than 14 days, It was 20 days after . APM appeal contended that Shetima’s nomination was thus invalid. This was the main ground of Appeal. There was no mention WHATSOEVER on the double nomination of Shetima as both a Senator and a vice presidential candidate as already decided on a pre election issue earlier brought in PDP V INEC . Not a word in the NOTICE OF APPEAL, the BRIEF OF ARGUMENT, or the REPLY of APM on point of law in the APM Appeal documents
It was, therefore, shocking and mystifying for the Supreme Court to claim that APMs case was predicated on double nomination, which they had already decided. This came totally from the blues. There was no such case before the Supreme Court. It became clear at the Supreme Court Appeal hearing that the Court had made up its mind irrespective of the law or facts. The Court browbeat Counsel to comply with its unfounded view and withdraw the Appeal.
There were certain pronouncements in the APM tribunal case that shouldn’t be allowed to stay in our case law. For instance, now you can have a presidential candidate without a running mate
Unfortunately, the opportunity is lost.
