A Federal High Court sitting in Gombe, Nigeria, has nullified the All Progressives Congress (APC) primary election for the Balanga/Billiri Federal Constituency. The court's decision, delivered by Justice Vera Ibrahim, declared the election invalid due to the ineligibility of Honourable Ali Isa JC, who was declared the winner of the primary election. The court ordered the conduct of a fresh primary election within 30 days, excluding Ali Isa JC from participating.
According to the court's findings, Ali Isa JC's name was not contained in the APC membership register submitted to the Independent National Electoral Commission (INEC) 21 days before the election, as required by section 77 of the electoral act. The court established that Ali JC joined the APC just 16 days before the primary election on May 16, 2026. This non-compliance with statutory requirements rendered Ali Isa JC ineligible to participate in the election.
The case was brought to court by Alfred John Atajiri, who challenged Ali Isa JC's eligibility, alleging that he was not a member of the APC at the time of the primary election. The court ruled in favor of Atajiri, citing the APC and INEC's failure to produce evidence showing Ali Isa JC's name in the membership register. The ruling was welcomed by Atajiri's counsel, Mr. Ibrahim Aliyu Nassarawa, who stated that the judgment aligned with their prayers.
Ali Isa JC was previously the Minority Whip of the House of Representatives, a position he lost when he defected from the Peoples Democratic Party (PDP) to the APC. His defection occurred just before the APC primary election, which he subsequently won. However, his eligibility was contested due to the timing of his party switch and alleged non-compliance with electoral regulations.
The court's decision has implications for the APC and the Balanga/Billiri Federal Constituency, as a fresh primary election must be conducted within the specified timeframe. The APC will need to ensure compliance with electoral laws to avoid further legal challenges. The development also highlights the importance of adhering to statutory requirements in the electoral process.
The ruling has been seen as a significant development in the lead-up to the general elections, emphasizing the role of the judiciary in ensuring the integrity of the electoral process. The court's intervention has provided clarity on the eligibility of candidates and the importance of compliance with electoral laws.
The fresh primary election ordered by the court will provide an opportunity for other aspirants to participate and contest for the APC ticket. The APC and INEC will need to work together to ensure a smooth and transparent process. Key points from the court's ruling include:
Key points
- The court nullified the APC primary election due to Ali Isa JC's ineligibility.
- Ali Isa JC's name was not in the APC membership register submitted to INEC 21 days before the election.
- A fresh primary election must be conducted within 30 days, excluding Ali Isa JC.