A seven-member panel of the Supreme Court chaired by John Okoro dismissed the appeal after APM lawyer, Chukwuma Machukwu-Ume, a Senior Advocate of Nigeria, withdrew the suit.
The Supreme Court, on Monday, dismissed the appeal filed by the Allied Peoples Movement (APM) challenging the Presidential Election Petition Court's judgement affirming President Bola Tinubu's victory.
A seven-member panel of the Supreme Court chaired by John Okoro dismissed the appeal after APM lawyer, Chukwuma Machukwu-Ume, a Senior Advocate of Nigeria, withdrew the suit.
"This appeal having been withdrawn without objection (from the respondents) is hereby dismissed," Mr Okoro said.
The APM appeal challenged the eligibility of President Tinubu and Vice President Kashim Shettima. The contention was based on an allegation of Mr Shettima's double nomination as a vice presidential candidate and senatorial candidate in the same election cycle.
But the Supreme Court had in May decided a similar case filed by the Peoples Democratic Party (PDP) against Messrs Tinubu and Shettima.
Mr Okoro had led the court's panel that dismissed a similar appeal filed by the PDP, holding that the PDP had no right to challenge the internal qualification of candidates of another political party.
The Supreme Court further held that Mr Shettima properly relinquished his nomination for Borno South Senatorial District ticket before becoming Mr Tinubu's running mate for the 25 February presidential election.
The Supreme Court panel on Monday drew the APM's lawyer's attention to the earlier judgement, and discouraged him from continuing to pursue the appeal on that basis.
The presidential election court had relied on the Supreme Court's decision of 26 May in dismissing APM's suit.
Court reprimands APM's lawyer
Mr Machukwu-Ume capitulated to the pressure from the bench by withdrawing the case.
The Supreme Court justices took turns to remind the APM lawyer of the impending consequences of his recalcitrant posture in pursuing the appeal despite being aware of the court's earlier pronouncement on the issue.
"You think we have all the time in the world to hear a frivolous case as this?" Mr Okoro roared from the bench before reclining into his chair.
Pointing out the futility of APM's appeal, the justice wondered what the appellant stood to gain if Mr Tinubu's election was nullified on account of its appeal when Chichi Ojei, who was its presidential candidate polled only 25,961 votes.
"What will you gain if you win this appeal?," he asked.
Background
In its petition, the APM alleged that Mr Tinubu was not properly sponsored by the APC by fielding Mr Shettima as vice presidential candidate for the election.
Mr Tinubu while submitting his presidential nomination form to INEC in June 2022, chose Ibrahim Masari, a politician from President Muhammadu Buhari's home state Katsina, as a "placeholder" for the substantive vice presidential candidate who would later be Mr Shettima.
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Mr Masari served as a placeholder and later announced his withdrawal from the position, which paved the way for Mr Tinubu to name Mr Shettima as his running mate on 10 July 2022.
In its prayers, APM urged the court to make an order nullifying "all the votes scored" by Mr Tinubu in the presidential election in view of his non-qualification as a candidate of" the APC.
The petitioner said if the court voided Mr Tinubu's 8.8 million votes, it should further set aside his declaration as president-elect by INEC.
According to the APM, if the court acceded to the foregoing requests, it would have effectively excluded Mr Tinubu from the 25 February poll, adding that it should proceed to declare Atiku as the president-elect elect, having polled the second highest votes.
