A Federal High Court sitting in Abuja has dismissed a suit challenging the emergence of former Governor of Cross River State, Donald Duke, as presidential candidate of the Peoples Redemption Party (PRP). The suit, marked FHC/ABJ/CS/1234/2026, was filed by an aggrieved PRP presidential aspirant, Mr Yakubu Kingsley. The trial judge, Justice Mohammed Umar, held that the suit was statute-barred and upheld the preliminary objections raised against the competence of the suit by Duke and the party.
According to Justice Umar, the suit was filed on June 10, 16 days after the results of the PRP's presidential primary election conducted on May 25 was made public. He faulted Kingsley's contention that the 14-day limit allowed by the Constitution for the filing of pre-election cases ought to start counting from June 6 when the party's appeal committee wrote to him to communicate its decision, rejecting his appeal. The judge declined jurisdiction, holding that the suit, having been found to be statute-barred, robbed the court of the requisite jurisdiction to hear and determine it.
Despite declining jurisdiction, Justice Umar proceeded to determine the suit on the merits and equally dismissed it on the grounds that the plaintiff failed to prove his case. Kingsley had argued that Duke was validly returned as PRP's presidential candidate in the May 25 primary election, having allegedly not been a registered member of the party when the PRP submitted its membership register to INEC on May 4. However, Justice Umar held that the issue of membership of a political party is an internal affair of the political party, which is non-justiciable and over which the court lacked jurisdiction.
The judge also faulted Kingsley's claim that Duke did not comply with the party's guidelines, was ineligible to participate in the primary election and ought not to have been cleared to contest, having allegedly failed to physically appear for screening at the party's national secretariat. Justice Umar noted that while Kingsley referred to the PRP's guidelines, which he claimed Duke violated, he failed to produce the said guidelines before the court as required.
Furthermore, Justice Umar rejected Kingsley's claim of over-voting during the primary election in states like Bauchi, Kwara and Gombe, holding that he failed to prove over-voting as required by law. Kingsley had prayed the court to set aside the results from Bauchi, Gombe and Kwara states over alleged over-voting and declare him the PRP presidential candidate for the 2027 elections.
The plaintiff had sought an order directing the Independent National Electoral Commission (INEC) not to recognise Duke as the party's presidential candidate and to, instead recognise him as the PRP's flagbearer. However, the court's dismissal of the suit means that Duke remains the PRP's presidential candidate for the 2027 elections. The court's decision is a significant development in the run-up to the 2027 elections.
The dismissal of the suit is a boost to Duke's presidential ambition, as he can now focus on the main election without any legal distractions. The PRP's decision to field Duke as its presidential candidate has been validated by the court, and he will now prepare for the election against other candidates. The court's judgment has brought clarity to the PRP's presidential nomination process.
Key points
- The Federal High Court in Abuja has dismissed a suit challenging Donald Duke's emergence as the PRP's presidential candidate.
- The court held that the suit was statute-barred and that the plaintiff failed to prove his case.
- The dismissal of the suit means that Duke remains the PRP's presidential candidate for the 2027 elections.
