The Federal High Court in Abuja has been urged to dismiss a suit challenging Yahaya Bello's emergence as the All Progressives Congress (APC) candidate for the Kogi Central Senatorial District. Bello, the APC, and the Independent National Electoral Commission (INEC) made the request in separate court filings opposing the suit filed by Momoh Obaro. The suit, filed on May 29, seeks to void Bello's APC senatorial ticket. Obaro claims he scored the highest number of lawful votes at the May 18 primary election.
Obaro, through his lawyer Kimi Appah, sued the APC, Bello, and INEC, seeking to restrain the APC from forwarding Bello's name to INEC as the party's candidate for the 2027 senatorial election. He also sought an order of mandamus compelling the APC to recognize and forward his name to INEC as the duly and validly nominated candidate. In his supporting affidavit, Obaro alleged that Bello was not screened and cleared as an aspirant in the primary election. However, Bello denies withdrawing from the contest.
Bello, in his preliminary objection filed on June 20, asked the court to dismiss the suit for being fundamentally defective and incompetent. His lawyer, Joseph Daudu, a Senior Advocate of Nigeria (SAN), argued that the plaintiff's written address failed to comply with the mandatory provisions of Paragraph 7 of the Federal High Court (Pre-Election) Practice Directions 2026. In a counter-affidavit, Bello stated that he scored the highest number of lawful votes, while Obaro came a distant third with 188 votes.
The APC and INEC have also urged the court to dismiss the suit. INEC, in its counter-affidavit, stated that it monitored the election in compliance with the law and that Bello won the primary with the highest number of valid votes. The commission said its reports from electoral officers showed that the election was conducted substantially in compliance with the Electoral Act, 2026. APC's lawyer, Ibrahim Mohammed, a SAN, and Bello's lawyer, Paul Daudu, a SAN, urged the judge to dismiss the suit.
Judge Inyang Ekwo adjourned the matter until November 19 for ruling on the motion to amend or judgment. The case is one of several ongoing legal battles involving Bello. He is facing two separate criminal trials by the Economic and Financial Crimes Commission (EFCC) over alleged financial misconduct during his tenure as Kogi State governor. The EFCC is prosecuting Bello on 19 charges involving the diversion of Kogi State's N80.2 billion in a money laundering scheme.
Bello is also facing a separate case of 16 charges of fraud and criminal breach of trust before the FCT High Court in Abuja. In the case, he and his co-defendants – Umar Oricha and Abdulsalami – were accused of diverting N110 billion belonging to Kogi State. The former governor has denied all charges. Despite the ongoing criminal proceedings, Bello sought the APC's senatorial ticket for Kogi Central and was cleared by the party's National Assembly screening committee.
The APC's National Assembly screening committee cleared Bello to contest the party's senatorial primary on May 18, after days of uncertainty over his status. Bello contested the primary against Obaro and Ibrahim Yakubu Adoke. The direct primary was held across the five local government areas that make up Kogi Central Senatorial District. The outcome of the primary led to Obaro's suit challenging Bello's emergence as the APC candidate.
Key points
- Yahaya Bello, APC, and INEC seek dismissal of suit challenging his emergence as APC candidate for Kogi Central Senatorial District.
- The suit, filed by Momoh Obaro, claims he scored the highest number of lawful votes at the May 18 primary election.
- Bello is facing two separate criminal trials by the EFCC over alleged financial misconduct during his tenure as Kogi State governor.