Nigeria’s Supreme Court delivered a decisive judgment that ended the Peoples Democratic Party (PDP) legal challenge against the nomination of Bola Ahmed Tinubu and Kashim Shettima as the presidential and vice-presidential candidates of the All Progressives Congress (APC).
The case centered on allegations of double nomination and raised important questions about party autonomy, locus standi, and constitutional limits in Nigeria’s electoral process. And the PDP argued that Kashim Shettima’s nomination as vice-presidential candidate violated provisions of the Electoral Act because he had earlier been nominated as APC’s senatorial candidate for Borno Central.
According to the PDP, this amounted to double nomination, which they claimed should invalidate the APC ticket. In a unanimous decision, the five-member panel of the apex court dismissed the suit in its entirety.
The court held that:
- The PDP lacked locus standi to challenge the internal nomination process of another political party
- Matters relating to candidate substitution and withdrawal are internal party affairs
- Evidence before the court showed that Shettima’s senatorial nomination had been withdrawn before his vice-presidential nomination
- The suit was statute-barred, having been filed outside the legally allowed timeframe
Why Locus Standi Was Central
The court stressed that Nigerian law does not permit one political party to interfere in the nomination process of another. Only aspirants within the same party who participated in the primary can challenge such decisions.
This principle, the court said, remains unchanged even with constitutional amendments relied upon by the PDP.
Lead Judgment
Delivering the lead judgment, Adamu Jauro described the appeal as frivolous and lacking legal foundation. He reaffirmed long-standing judicial precedent that protects party autonomy in candidate selection.
This ruling became one of the most important pre-election legal decisions of the 2023 electoral cycle because it:
- Clarified limits to inter-party litigation
- Reinforced internal party democracy principles
- Reduced judicial interference in political party affairs
- Strengthened legal certainty around nominations
Post-Election Perspective
With Tinubu and Shettima eventually assuming office, the judgment now stands as a reference point for future electoral disputes. Political parties are reminded that courts are not venues for political rivalry, but for genuine legal grievances backed by standing and timeliness.
The Supreme Court’s decision firmly shut the door on attempts by political parties to challenge rival nominations through the courts. It reaffirmed that electoral competition must be fought at the ballot box, not through speculative litigation.
For Nigeria’s democracy, the ruling remains a clear signal that the rule of law has boundaries, and political ambition must respect them.
Following the Supreme Court’s decision, the issue of alleged double nomination did not succeed in any further legal proceedings. The ruling has since been regarded as a key reference point in Nigeria’s electoral law, particularly on the question of locus standi and the limits of challenging another party’s nomination process.
Subsequent election petitions and appeals did not overturn the validity of party ticket, reinforcing the position that internal party matters remain largely outside the reach of rival political parties. Today, the judgment continues to guide how courts handle pre-election disputes, especially those relating to candidate nomination and party autonomy.
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