The Peoples Democratic Party sued the Independent National Electoral Commission to stop Bola Tinubu and Peter Obi from replacing their running mates with Kashim Shettima and Datti Baba-Ahmed.
The PDP also wants Tinubu and Obi disqualified unless they run with Kabiru Masari and Doyin Okupe.
In FHC/ABJ/CS/1016/2022, the PDP seeks an order prohibiting INEC from replacing Tinubu and Obi's running mates.
INEC, APC, Tinubu, Masari, Labour Party, Obi, and Okupe are first to seventh respondents.
Masari was Tinubu's surrogate running partner to beat the June 17 INEC deadline. Obi's campaign manager, Okupe, was named interim running mate. INEC offered a month's grace to change their names.
Tinubu and Obi nominated Shettima and Baba-Ahmed, while Masari and Okupe resigned.
The PDP requested the court to determine if Tinubu and Obi are bound by the submission of Masari and Okupe as running mates under Section 142(1) of the Constitution, Sections 29(1), 31 and 33 of the Electoral Act 2022, and INEC's timetable.
The party also asked the court if "by the combined interpretation of Section 142(1) of the Constitution of the Federal Republic of Nigeria, Sections 29(1), 31, 33 of the Electoral Act 2022, the first defendant (INEC) can validly accept any change or substitution of the 4th (Masari) and 7th (Okupe) defendants as running mates of the 3rd (APC) and 6th (Labour Party) defendants."
The PDP is also seeking five reliefs, including a determination that Tinubu and Obi must abide by their submission under Section 142(1) of the constitution, Sections 29(1), 31 and 33 of the Electoral Act 2022, and INEC's timetable.
The party requested the court to disqualify Tinubu and Obi if they change running mates.
One of the reliefs reads, "A declaration that by the combined interpretation of Section 142(1) of the Constitution of the Federal Republic of Nigeria 1999 (as amended), Sections 29(1), 31, 33 of the Electoral Act 2022, and the 1st defendant's (INEC's) election timetable, Tinubu and Obi cannot validly contest the 2023 Presidential election without Masari and Obi as their running mates."
The PDP also argued that Nigerian law doesn't define "placeholder."
"The Electoral Act doesn't allow interim running mates." The conduct of the 2nd (APC), 3rd (Tinubu), 5th (Labour Party), and 6th (Obi) defendants in nominating and transmitting the names of the 4th (Masari) and 7th (Okupe) defendants as running mates for the 2023 Presidential elections is lawful and subsisting,” the party stated.
Evelyn Oroh, a litigation secretary at Gordy Uche (SAN), swore in an affidavit that some defendants admitted they were placeholders.
"I know that 3rd (Tinubu) and 6th (Obi) defendants have said in media interviews and publications that 4th (Masari) and 7th (Okupe) defendants are not their true running companions," it said.
Alex Ejesieme, the Labour Party's lawyer, said he had received court documents.
He said, "I've gotten the papers and we're submitting a response."
Babatunde Ogala (SAN), head of Tinubu's legal department, said he was aware of the suit when reached Thursday.
Ogala, a former APC legal adviser, said Tinubu's legal team hadn't been served. "I know" (of the matter). But they've failed us." He repeated, "They haven't," when asked to confirm service.
INEC National Commissioner Festus Okoye described placeholder as a unique creation that had no place in the country's constitution and law.
"Political party candidates have submitted names of associates to run with them, and that's the law as of today," he stated.
"For a candidate to be substituted, the vice-presidential candidate must submit to INEC with an affidavit declaring he is resigning from the contest within the legal time frame."
Prof Abdulganniy Raji, Osun State's resident electoral commissioner, said, "As an umpire, I won't say I saw or didn't see danger" (in party submitting place holders instead of running mate).
"I'll follow the constitution and laws. The Electoral Act specifies how to nominate candidates and how to replace them in case of death or withdrawal.
Senior attorneys told The PUNCH on June 20 that the main risk in the place-holding arrangement was the running mate's reluctance to step out.
Adegoke Rasheed, a senior counsel, said a placeholder could only be removed if he died or voluntarily resigned, since neither INEC nor the court could do so.
Rotimi Jacobs, another SAN, said political parties had exploited the Electoral Act's silence.
He said, "The political parties are using Section 33 of the Electoral Act to withdraw or substitute candidates. Another primary will be held. If he withdraws voluntarily, his party must have new primaries within 14 days to find a replacement.