The Federal High Court in Gombe has nullified the All Progressives Congress primary election that produced J.C. Ali as the party's candidate for the Balanga/Billiri Federal Constituency of Gombe State. The court, presided over by Justice Vera Ibrahim, ruled that Ali's participation in the primary was invalid and unlawful. The judgment was based on a suit filed by Alfred John, an APC member, who challenged Ali's eligibility to contest the party's nomination.
According to the court, Ali's participation in the primary was in violation of Section 77 of the Electoral Act 2026. The court held that the APC primary was conducted without strict compliance with the relevant statutory requirements governing the submission and use of the party's membership register. Specifically, Ali's name was not contained in the APC membership register submitted to the Independent National Electoral Commission at least 21 days before the primary.
The court found that Ali joined the APC just 16 days before the primary, which made his participation invalid. The APC and INEC failed to produce evidence establishing that Ali's name was contained in the relevant membership register submitted within the prescribed period. The court's judgment was based on recent decisions of the Supreme Court, which distinguished between a simple dispute over party membership and compliance with statutory requirements regulating the submission of party membership registers.
The court ordered the APC to conduct a fresh primary election within 30 days and barred Ali from participating. The judgment was welcomed by the plaintiff's counsel, Ibrahim Aliyu, who said it had addressed the statutory requirements governing participation in the party primary. Aliyu stated that the court's decision would ensure that the APC follows the required procedures in selecting its candidate.
The court's decision is a significant development in the lead-up to the elections in Gombe State. The APC will need to conduct a fresh primary election to select a new candidate for the Balanga/Billiri Federal Constituency. The party will have to ensure that it complies with the statutory requirements governing the submission of its membership register to avoid further legal challenges.
The judgment also highlights the importance of complying with statutory requirements in the electoral process. The court's decision demonstrates that it will scrutinize the electoral process to ensure that parties follow the required procedures. The decision is expected to have implications for other political parties and candidates in the upcoming elections.
The APC has not officially reacted to the court's judgment, but it is expected to take steps to comply with the court's order. The party will need to conduct a fresh primary election within the specified timeframe to avoid any further delays or legal challenges. The outcome of the fresh primary election will determine the APC's candidate for the Balanga/Billiri Federal Constituency.
Key points
- The Federal High Court in Gombe has nullified the APC primary election that produced J.C. Ali as the party's candidate.
- The court ordered the APC to conduct a fresh primary election within 30 days and barred Ali from participating.
- The judgment highlights the importance of complying with statutory requirements in the electoral process.
