A Federal High Court sitting in Ado-Ekiti has affirmed Mr Toyin Okoro as the All Progressives Congress (APC) candidate for Ekiti South Federal Constituency 1 in the 2027 general election. The court dismissed a suit challenging Okoro's nomination filed by Mr Babalotin Bayo and three others for lack of jurisdiction and locus standi. The suit was filed to void the outcome of the APC primary election that produced Okoro as the party's flag bearer.
The plaintiff, Babalotin Bayo, had approached the court to challenge the outcome of the APC primary election. However, delivering his judgment, Justice Babs Kuewumi held that the suit was incompetent and described the plaintiff as a "meddlesome interloper" and a "busybody" with no legal standing to challenge the primary. The judge stressed that only an aspirant who participated in a party's primary election has the statutory right to challenge its conduct or outcome in court.
According to Section 285 of the 1999 Constitution (as amended) and the Electoral Act, only an aspirant who participated in a party's primary election has the statutory right to challenge its conduct or outcome in court. Kuewumi also held that a state chapter of a political party has no independent legal status to be sued separately from its national body. Consequently, the court struck out the name of the APC Ekiti State chapter from the suit.
Okoro emerged as the candidate after defeating the incumbent lawmaker, retired AVM Rufus Ojuawo, in the May 2026 APC primary and was subsequently confirmed by the party's National Working Committee (NWC). Okoro is an indigene of Ise-Ekiti and will represent the Ekiti South Federal Constituency 1, comprising Ise-Orun, Ikere, and Ekiti South-West Local Government Areas.
Reacting to the judgment, Okoro's lead counsel, Dr Femi Ogunlade, described it as a victory for the rule of law and internal party democracy. He stated that the court had re-affirmed that no individual can confer constitutional rights upon themselves where none exists. The substratum of the plaintiff's case was defective from the onset because he was never an aspirant in the primary election.
Adebayo Adeji, a lawyer and community leader from Ise-Ekiti, said the judgment has ended the legal distractions surrounding Okoro's candidacy. He noted that Okoro enjoys overwhelming support across the federal constituency and that the court has validated the choice of the people. The decision shows that no individual can stand in the way of a moving political train.
With the legal challenge cleared, Okoro remains the APC's confirmed candidate for the federal constituency ahead of the 2027 polls. The court's decision has paved the way for Okoro to contest the election without any further legal hurdles. The APC will likely focus on the upcoming election campaign with Okoro as their candidate.
Key points
- The court ruled that only an aspirant who participated in a party's primary election has the statutory right to challenge its conduct or outcome in court.
