Justice Donatus Okorowo, in a judgement, held that the suit by the Peoples Democratic Party (PDP), lacked merit and thereby struck it out.
The PDP has approached the court seeking the disqualification of the both Obi and Tinubu, accusing them of acting in breach of the Electoral Act.
PDP told the court that both candidates failed to nominate their running mates in due time, choosing rather to temporarily hand over their Vice Presidential tickets to placeholders, which is against the provisions of the Electoral Act.
In the suit marked FHC/ABJ/CS/1016/2022, the plaintiff told the court that the Electoral Act 2022, did not make provision for a “place holder” or temporary running mate.
It held that whereas the candidate of the Labour Party, Obi, chose Dr Doyin Okupe as the placeholder for his Vice Presidential post, the other hand, candidate of the APC, Tinubu, submitted the name of Alhaji Kabiru Masari as his own placeholder, the two should rather stick to their choices or face disqualification.
It argued that the subsequent resignation, withdrawal or substitution of Okupe and Masari, by both the LP and the APC, were illegal and unconstitutional, maintaining that Obi and Tinubu could only qualify to contest the 2023 presidential election with Okupe and Masari, as their respective running mate.
It further argued that the Independent National Electoral Commission, INEC, was bereft of the power to accept any withdrawal or substitution of both Okupe and Masari, without the LP and the APC conducting fresh primaries to substitute Obi and Tinubu.
PDP told the court that both Okupe and Masari are not products of any primary election and as such was not validly nominated by the LP and the APC.
Meanwhile, in his judgement on Monday, Justice Okorowo held that the suit was not only incompetent but amounted to gross abuse of the judicial process.
The court held that it lacked the jurisdiction to entertain an incompetent suit and accordingly dismissed it.
“This suit qualifies as one which amounts to an abuse of court process”, Justice Okorowo held.