A presidential aspirant of the Peoples Redemption Party (PRP), Dr. Yakubu Mohammed Kingsley (YMK), has appealed the judgment affirming the former governor of Cross River State, Donald Duke, as the party's validly nominated candidate for the 2027 presidential election. In a notice of appeal filed by his lawyer, Abdullahi Muhammad, at the Court of Appeal in Abuja, Kingsley gave five grounds for the appeal. The application was filed on October 9 and was made available to newsmen on Saturday.
The appeal is against the judgment of Justice Mohammed Umar of the Federal High Court in Abuja, who on September 30, dismissed Kingsley's suit seeking to void the emergence of Duke as PRP presidential candidate. In the suit marked: FHC/ABJ/CS/1234/2026, Justice Umar held that the issue of membership of a political party is an internal affair of the political party, which is non-justiciable and over which the court lacked jurisdiction, among other grounds.
Kingsley's lawyer, Abdullahi Muhammad, argued that the trial judge erred in law when he refused to consider the presidential Primary Appeal Committee decision and press release of June 6 in upholding Duke's preliminary objection and dismissing his client's suit. He also submitted that Justice Umar erred when he held that the membership of a political party is exclusively an internal affair of a party.
Muhammad further argued that the trial court failed to properly evaluate the evidence before him regarding Duke's membership and misapplied the principle of law governing the determination of political party membership. He stated that the trial judge erred in law when he held that Duke was validly nominated as the presidential flagbearer of the party, having failed to properly consider and give effect to Kingsley's evidence of non-compliance with the PRP Guidelines for the conduct of primary election.
The lawyer said Kingsley had adduced credible evidence before the trial court demonstrating that Duke's purported nomination was in clear breach of the party's guidelines and Section 66 of the Electoral Act, 2026. He added that the trial court failed to appreciate that the said party's guidelines, having been issued pursuant to the Electoral Act, 2026 (as amended), constitute a condition precedent for a valid nomination, and non-compliance therewith renders the nomination invalid.
Kingsley had, in his originating summons, urged the trial court to determine whether Duke was validly returned as the party's presidential candidate in the May 25 primary election, having allegedly not been a registered member of the PRP when the party submitted its membership register to INEC on May 4. The Court of Appeal will now determine the validity of Duke's candidacy.
The appeal has significant implications for the 2027 general elections, particularly for the PRP and its presidential candidate. The court's decision will determine whether Duke will be allowed to contest the election or if Kingsley's concerns will be addressed.
Key points
- Dr. Yakubu Mohammed Kingsley, a PRP presidential aspirant, has appealed a lower court judgment affirming Donald Duke as the party's validly nominated candidate for the 2027 presidential election.
- The appeal was filed on five grounds, including the trial court's alleged failure to consider the presidential Primary Appeal Committee decision and press release of June 6.
- The court's decision will have significant implications for the 2027 general elections, particularly for the PRP and its presidential candidate.
