A Federal High Court in Abuja has adjourned a suit challenging the emergence of former Kogi Governor Yahaya Bello as the All Progressives Congress (APC) candidate for the Kogi Central Senatorial District. The suit, filed by Momoh Obaro, seeks to void Mr Bello's APC senatorial ticket. The defendants, including Mr Bello, APC, and Independent National Electoral Commission (INEC), have asked the court to dismiss the suit. The matter was adjourned until 19 November for ruling on the motion to amend or judgment.
Mr Obaro, through his lawyer Kimi Appah, sued the APC, Mr Bello, and INEC, alleging that he scored the highest number of lawful votes at the 18 May primary election. He urged the court to declare him the lawful winner and restrain the APC from forwarding Mr Bello's name to INEC. Mr Obaro also sought an order of mandamus compelling the APC to recognise and forward his name to INEC as the duly and validly nominated candidate. The suit was filed on 29 May.
Mr Bello, through his lawyer Joseph Daudu, a Senior Advocate of Nigeria (SAN), asked the court to dismiss the suit, citing that it is fundamentally defective and incompetent. Mr Bello's counter-affidavit stated that he scored 72,999 votes, while Mr Obaro polled 188 votes. Mr Bello denied withdrawing from the election, contrary to Mr Obaro's claim. He also stated that he was screened, cleared, and certified as qualified to contest the primary election.
The APC and INEC, in their separate court documents, also urged the court to dismiss the suit. INEC's counter-affidavit, sworn by Muhammad Ayuba, stated that the commission monitored the election in compliance with the law. INEC said Mr Bello won the primary election with the highest number of valid votes. The commission stated that all reports from electoral officers showed that the election was conducted substantially in compliance with the Electoral Act, 2026.
The court heard final arguments from the parties, with Mr Obaro's lawyer, A. T. Hassan, a SAN, adopting all the plaintiff's filings and urging the court to grant their prayers. The lawyers for Mr Bello, APC, and INEC urged the judge to dismiss the suit. Judge Inyang Ekwo adjourned the matter until 19 November for a ruling.
Mr Bello left office as Kogi State governor in January 2024 after serving two terms from 2016 to 2024. He is currently facing two separate criminal trials by the Economic and Financial Crimes Commission (EFCC) over alleged financial misconduct during his tenure. The trials have continued with prosecution witnesses giving evidence about alleged transactions linked to the case.
Despite the ongoing criminal proceedings, Mr Bello sought the APC's senatorial ticket for Kogi Central and was cleared by the party's National Assembly screening committee. The APC's primary election was held on 18 May, where Mr Bello contested against Mr Obaro and Ibrahim Yakubu Adoke. The party subsequently submitted Mr Bello's name as its valid candidate to INEC.
Key points
- The court will decide on the suit challenging Yahaya Bello's emergence as the APC candidate for the Kogi Central Senatorial District.
- Mr Bello denied withdrawing from the election and stated that he was screened, cleared, and certified as qualified to contest the primary election.
- The APC and INEC have urged the court to dismiss the suit, citing that Mr Bello won the primary election with the highest number of valid votes.
