The court also relied on the principle that a plaintiff must show a sufficient interest and a threatened or actual injury (Adesanya v. President of the Federal Republic of Nigeria (1981) 5 SC 112; Fawehinmi v. Akilu (1987) 4 NWLR (Pt. 67) 797; Owodunni v. Registered Trustees of Celestial Church of Christ (2000) 10 NWLR (Pt. 675) 315).
It held that the claimant, a civil society initiative, was neither an aspirant nor a political party and therefore lacked locus standi, and that the court lacked jurisdiction.
The court also held that the claimant’s notion of “double nomination” is not what the law prescribes (section 30, Electoral Act 2026).
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It explained that a candidate who took part in different categories of primaries of the same party and was screened, but whose name was submitted to INEC for only one position, has not been doubly nominated.
According to it, a person becomes a candidate only when his party submits his name to INEC (section 29, Electoral Act 2026).
It held that double nomination in law means participation in primaries of two different political parties.
The court said that under Sections 131 to 133 of the Evidence Act 2011, the party asserting a fact bears the burden of proving it.
The court found that none of the claimant’s allegations was supported by evidence and that they consisted largely of speculation.
The court observed that standing in pre-election matters is confined to aspirants who participated in the primaries and to political parties and civil society groups and public-interest litigants fall outside it.
It also observed that a candidate who participated in more than one category of primary within the same party wad not doubly nominated, provided only one name was submitted to INEC.
It also stated that allegations in pre-election suits must be proved by evidence, not speculation.
The court therefore resolved all the issues in favour of the defendants and dismissed the suit with costs of ₦10,000,000 awarded against the claimant in favour of the defendants.
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