Court nullifies APC Reps ticket, orders fresh primary
Court nullifies APC Reps ticket, orders fresh primary
…bars ex-Chief Whip from fresh contest, orders withdrawal of Certificate of Return
GOMBE — The Federal High Court No. 2 sitting in Gombe has nullified the emergence of Hon. Ali Isa J.C. as the All Progressives Congress, APC, candidate for the Balanga/Billiri Federal Constituency in the 2027 House of Representatives election.
The court, presided over by Justice Vera E. Ibrahim, also ordered the APC to conduct a fresh primary election for the constituency within 30 days and barred Isa from participating in the exercise.
It further ordered the withdrawal of the Certificate of Return issued to Isa by the Independent National Electoral Commission, INEC, following the disputed primary.
The judgment followed a suit filed by Hon. Alfred John Atajiri, who challenged Isa’s eligibility to participate in the APC primary and the validity of the process through which he emerged as the party’s candidate.
A major issue in the suit was the timing of Isa’s membership of the APC and the party’s compliance with statutory requirements governing the conduct of primary elections.
According to the judgment, as reported in the account of the proceedings, Isa joined the APC 16 days before the primary, while his name was not contained in the party’s membership register submitted to INEC within the period prescribed by law.
The court relied on Section 77 of the Electoral Act 2026, which requires political parties to submit their membership registers to INEC at least 21 days before conducting their primaries.
Justice Ibrahim consequently held that Isa’s participation in the primary was invalid, unlawful, null and void.
The court also found that the primary did not comply with relevant statutory requirements, including claims before it that the exercise was not conducted in some parts of the constituency.
Consequently, the court nullified the primary that produced Isa and directed the APC to conduct a fresh exercise in compliance with the Electoral Act and other applicable requirements.
Salary, benefits controversy
Another issue raised during the proceedings concerned Isa’s continued status in the National Assembly and the receipt of salaries and other benefits.
The issue formed part of the broader legal challenge concerning his eligibility and participation in the APC nomination process.
However, the principal orders of the court focused on the validity of his participation in the APC primary, the withdrawal of his Certificate of Return and the conduct of a fresh primary.
Political implications
The judgment has altered the APC’s nomination process for the Balanga/Billiri Federal Constituency, with the party now required to organise another primary among eligible aspirants.
Although Atajiri instituted the suit that resulted in the judgment, the court did not award the APC ticket to him.
Instead, it ordered the APC to conduct a fresh primary through which the party’s candidate for the constituency will emerge.
Isa had emerged as the APC candidate after the party’s May 16, 2026 primary. Reports from the exercise indicated that he defeated other aspirants, including Atajiri and Saratu Hamman Jauro.
The latest judgment has, however, nullified that primary, subject to any further legal action arising from the decision.
APC faces 30-day deadline
The APC is now required to conduct a fresh primary within 30 days in compliance with the court’s order.
The party will also be expected to comply with statutory requirements on membership registers, the eligibility of aspirants and the conduct of the primary.
The judgment underscores the importance of compliance with electoral laws and party rules as political parties prepare for the 2027 general elections.
The court’s decision does not determine who will emerge from the fresh primary. Rather, it nullifies the earlier process and directs the APC to conduct another exercise in accordance with the law.
The affected parties may also pursue available appellate remedies.
Pending any further order from a higher court, the operative directives of the Federal High Court are that Isa’s emergence from the earlier primary is nullified, his Certificate of Return is to be withdrawn, he is barred from the fresh primary and the APC must conduct another primary within 30 days.
