The Federal High Court in Gombe has nullified the All Progressives Congress (APC) primary election held on May 16 for the Balanga/Billiri Federal Constituency. The court ruled that the exercise failed to comply with provisions of the Electoral Act. This decision was made by Justice Vera Ibrahim, who delivered the judgement after a thorough examination of the case. The nullification has significant implications for the APC's representation in the constituency.
The court's decision was based on Section 77 of the Electoral Act, which requires political parties to submit their membership registers to the Independent National Electoral Commission (INEC) at least 21 days before the conduct of party primaries. The APC failed to meet this requirement, as Ali J.C., the winner of the nullified election, joined the party only 16 days before the primary. This oversight led to the court nullifying the primary election.
Justice Ibrahim held that the issue before the court was not simply whether Ali J.C. was a member of the APC, but whether the party complied with the statutory requirement to submit its membership register. The court found that neither the APC nor INEC produced sufficient evidence showing that Ali's name was contained in the relevant register submitted within the required timeframe.
The judge relied on recent Supreme Court decisions to distinguish ordinary disputes over party membership from cases involving compliance with statutory requirements governing party registers. This distinction is crucial in ensuring that political parties adhere to the law when conducting internal elections. The court's decision has set a precedent for future cases involving party primaries.
The court consequently held that compliance with the Electoral Act in preparing and submitting party membership registers was a matter the court could examine. This ruling has significant implications for the conduct of party primaries in Nigeria. The court nullified the May 16 primary and directed the APC to conduct another primary election in accordance with the law.
The judgement has thrown the APC's representation in the Balanga/Billiri Federal Constituency into fresh uncertainty ahead of the 2027 general election. The APC will need to conduct a fresh primary election, which may lead to a change in its candidate for the constituency. This development has added a new layer of complexity to the APC's preparations for the upcoming election.
Speaking after the judgement, counsel to the plaintiff, Ibrahim Aliyu, said the decision reaffirmed the need for political parties to comply with the Electoral Act when conducting their internal elections. The court's decision has sent a strong message to political parties, emphasizing the importance of adhering to the law in the conduct of party primaries.
Key points
- The Federal High Court in Gombe nullified the APC primary election due to non-compliance with the Electoral Act.
- The court barred Ali J.C., the winner of the nullified election, from participating in the rerun.
- The APC has been ordered to conduct a fresh primary election in accordance with the law.
