The Federal High Court in Abuja has dismissed a suit challenging former Cross River State Governor Donald Duke's emergence as the 2027 presidential candidate of the Peoples Redemption Party (PRP). The suit, filed by an aggrieved PRP presidential aspirant, Yakubu Kingsley, was dismissed after the court upheld preliminary objections raised against its competence by Duke and the party. The court's decision was based on the fact that the suit was filed out of time.
According to the court, the suit was statute-barred as it was filed 16 days after the results of the PRP's presidential primary election conducted on 25 May were made public. The judge, Mohammed Umar, faulted Kingsley's contention that the 14 days limit allowed by the constitution for filing pre-election cases should start counting from 6 June when the party's appeal committee wrote to communicate its decision, rejecting his appeal. The court declined jurisdiction, holding that since the suit was statute-barred, it lacked the requisite jurisdiction to hear and determine it.
The court also determined the suit on its merits and dismissed it because Kingsley failed to prove his case. Kingsley had argued that Duke was not a registered member of the PRP when the party submitted its membership register to INEC on 4 May. However, the judge held that the issue of membership in 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 and was ineligible to participate in the primary election. Kingsley had alleged that Duke failed to appear in person for screening at the party's national secretariat. However, the judge noted that Kingsley referred to the PRP's guidelines but failed to produce the document before the court as required.
Kingsley had also claimed that there was over-voting during the primary election in states like Bauchi, Kwara, and Gombe. However, the judge rejected this claim, holding that Kingsley failed to prove over-voting as required by law. Kingsley had instituted the suit, urging the court to determine whether Duke was validly returned as the party's presidential candidate in the 25 May primary election.
In the suit, Kingsley prayed the court to declare that Duke was ineligible to participate in the primary election and ought not to have been cleared to contest. He also sought an order directing the Independent National Electoral Commission (INEC) not to recognise Duke as the party's presidential flagbearer and to instead recognise him as the PRP's candidate. The court's decision has now cleared the way for Duke to contest the 2027 presidential election under the PRP.
The dismissal of the suit is a significant development in the run-up to the 2027 presidential election. Duke, who was Cross River governor between 1999 and 2007, will now be able to pursue his presidential ambitions under the PRP. The court's decision has also reinforced the notion that internal affairs of political parties are not subject to judicial interference.
Key points
- The Federal High Court in Abuja has dismissed a suit challenging Donald Duke's emergence as the PRP's 2027 presidential candidate.
- The court held that the suit was statute-barred and that it lacked jurisdiction to hear and determine it.
- The court's decision has cleared the way for Duke to contest the 2027 presidential election under the PRP.
