The Federal High Court in Gombe, Nigeria has nullified the All Progressives Congress (APC) primary election held on May 16 for the Balanga/Billiri Federal Constituency. The court ordered the party to conduct a fresh exercise in compliance with the Electoral Act. The judgment was delivered by Justice Vera Ibrahim, who barred Ali J.C, the candidate who emerged from the disputed primary, from participating in the fresh election.
The court's decision was based on a challenge to the validity of the APC primary and the party's compliance with statutory requirements concerning its membership register. Justice Ibrahim found that Ali's name was not contained in the APC membership register submitted to the Independent National Electoral Commission (INEC) within the required period. The court relied on Section 77 of the Electoral Act, which requires political parties to submit their membership registers to INEC at least 21 days before conducting their primaries.
According to the judgment, Ali reportedly joined the APC 16 days before the May 16 primary. The judge emphasized that the central issue was not simply whether Ali was a member of the APC, but whether the party complied with the statutory requirement governing the submission of its membership register to INEC. Justice Ibrahim held that neither the APC nor INEC produced sufficient evidence to establish that Ali's name appeared on the relevant membership register submitted within the prescribed period.
The court relied on recent decisions of the Supreme Court in reaching its conclusion, distinguishing ordinary disputes over party membership from cases involving compliance with statutory requirements governing political party registers. The judge consequently nullified the May 16 primary and directed the APC to conduct another primary election in accordance with the law. This decision has significant implications for the APC and its members in the Balanga/Billiri Federal Constituency.
Speaking after the judgment, counsel to the plaintiff, Ibrahim Aliyu, said the decision underscored the importance of political parties complying with electoral laws when conducting internal elections. The APC has been ordered to conduct a fresh primary election, which will likely have a significant impact on the party's fortunes in the constituency. The court's decision has also raised questions about the eligibility of other candidates who participated in the disputed primary.
In a related development, the Federal High Court in Gombe had earlier nullified a governorship primary conducted by a faction of the Peoples Democratic Party (PDP) and ordered the party to conduct a fresh exercise. The PDP rerun, involving former Minister of Communications and Digital Economy, Professor Isa Ali Ibrahim Pantami, and two other aspirants, was scheduled to take place on September 29. The PDP case also generated controversy over the eligibility of Pantami to participate in the fresh primary.
The Independent National Electoral Commission (INEC) has confirmed that it will monitor the PDP's fresh governorship primary in Gombe. INEC's Public Relations Officer in the state, Mohorret Bigun, said the commission had received communication from its national headquarters regarding the exercise. The commission's involvement is expected to ensure that the primary election is conducted in a free and fair manner.
Key points
- The court nullified the APC primary election due to non-compliance with the Electoral Act.
- The APC has been ordered to conduct a fresh primary election in accordance with the law.
- The Independent National Electoral Commission (INEC) will monitor the PDP's fresh governorship primary in Gombe.
