The Federal High Court 2 in Gombe has nullified the All Progressives Congress (APC) Federal Constituency Primary Election for the Billiri/Balanga Federal Constituency, which took place on May 16, 2026. The court ruled that the election, which produced Ali Isa J.C. as the candidate, was invalid and unlawful. Justice Vera E. Ibrahim delivered the judgment, ordering the APC to conduct a fresh primary election.
According to the court, Ali Isa J.C.'s participation in the primary election was invalid due to non-compliance with Section 77 of the Electoral Act 2026. The court found that his name was not in the party's membership register submitted to the Independent National Electoral Commission (INEC) at least 21 days before the primary election, as required by law. This information was provided by the plaintiff, Hon. John Alfred.
Hon. John Alfred, an aspirant, had challenged the validity of the APC primary election and Ali Isa J.C.'s emergence as the party's candidate. He told the court that Ali J.C. joined the party just 16 days before the primary election. The court agreed with the plaintiff, stating that the primary election was conducted without strict compliance with statutory requirements, rendering the process invalid.
The court nullified Ali Isa J.C.'s emergence and ordered the withdrawal of his Certificate of Return. The APC has been directed to conduct a fresh primary election within 30 days to select its candidate for the Balangailliri Federal Constituency. The court's decision was based on recent Supreme Court jurisprudence, which distinguished between disputes over party membership and compliance with statutory requirements.
The court's judgment was welcomed by the plaintiff's counsel, Ibrahim Aliyu, who described it as a victory for internal democracy. Aliyu's statement reflects the importance of adhering to electoral laws and ensuring that party candidates are selected through a transparent and democratic process.
The Electoral Act 2026 provides guidelines for party primary elections, including the requirement for candidates' names to be in the party's membership register submitted to INEC within a specified period. The court's decision highlights the need for parties to comply with these regulations to avoid disputes and ensure the legitimacy of their candidates.
The APC has been given 30 days to conduct a fresh primary election to select its candidate for the Billiri/Balanga Federal Constituency. The party will need to ensure that its new candidate meets the requirements of the Electoral Act 2026 to avoid further disputes. The court's judgment has significant implications for the APC and other parties in Nigeria, emphasizing the importance of internal democracy and adherence to electoral laws.
Key points
- The court nullified the APC's Federal Constituency Primary Election due to non-compliance with electoral laws.
- Ali Isa J.C. was disqualified from contesting due to his name not being in the party's membership register submitted to INEC within the required period.
- The APC has been ordered to conduct a fresh primary election within 30 days to select its candidate for the Balangailliri Federal Constituency.
