APM's challenge of Shettima's nomination a waste of court's time

and Vice President Kashim Shettima have argued that the case by the Allied Peoples Movement challenging Shettima’s nomination to contest the last presidential election was a mere waste of the time of the court.

The PEPC also held that APM, not being a member of the APC, the party on whose platform both Tinubu and Shettima contested the election, lacked the locus standi to query Shettima’s nomination. “Instructively, the petition leading to this appeal before this honourable court , is only but a rehash of the case as contained in FHC/ABJ/CS/1734/2022, which culminated in the judgment in Exhibit XI.”

“Having, therefore, established in consonance with the Electoral Act and the prevailing decision of this court that the appellant is grossly wrong in its hypothesis, it invariably follows that the 4th respondent’s subsequent nomination as a vice-presidential candidate by the 3rd respondent on or about 14th July 2022, does not suffer from any factual or legal impediment or malady, whatsoever.

“The entire brief itself is a departure from the appellant’s presentation at the lower court. Yet, the position of our law remains that an appeal is a continuation of trial.”“Assuming the petition at the lower court was filed out of human error or inadvertence, prudence demanded its immediate withdrawal after sighting the judgment of the Supreme Court which settled the sole issue contained herein, assuming any triable issue is therein contained.

“Additionally, and as earlier demonstrated in this brief, this appeal constitutes a crass abuse of the processes of this honourable court, and we urge the court to also dismiss the appeal on this score.” “This point exposes the witness’ limited or total lack of knowledge of the facts of the case she claimed to be making, and by the decision of this court in Emoga v. State 9 NWLR 25 at 34, it impacted on her overall credibility and further demonstrated why the lower court rightly did not take her depositions seriously.

Source: Law Daily Report (lawdailyreport.net)

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