Gombe court voids APC constituency primary and orders fresh election
The Federal High Court in Gombe has cancelled an APC primary for the Balanga/Billiri Federal Constituency, ruling that the party failed to comply with Electoral Act requirements on membership registers. The court ordered a fresh primary and barred the previous winner, Ali J.C., from participating.
The Federal High Court in Gombe has nullified the All Progressives Congress primary election held on May 16 for the Balanga/Billiri Federal Constituency and ordered the party to conduct another contest. Justice Vera Ibrahim also barred Ali J.C., who won the cancelled primary, from taking part in the fresh election. The judgement followed a finding that the APC had not complied with provisions of the Electoral Act concerning the submission of its membership register.
The court heard that Ali’s name was not included in the APC membership register submitted to the Independent National Electoral Commission within the period required by law. Section 77 of the Electoral Act requires parties to submit their registers to INEC at least 21 days before conducting primaries. Ali reportedly joined the APC 16 days before the primary.
Justice Ibrahim said the central issue was not simply whether he was a party member, but whether the party complied with the statutory requirement governing submission of its register. The judge further held that neither the APC nor INEC had produced sufficient evidence that Ali’s name appeared in the relevant register submitted within the prescribed period. She relied on recent Supreme Court decisions to distinguish ordinary disputes over party membership from cases concerning compliance with statutory requirements.
The court therefore set aside the May 16 primary and directed the APC to organise a fresh election in accordance with the law. The ruling has created uncertainty over the party’s representation in the constituency ahead of the 2027 general election. Ibrahim Aliyu, counsel to the plaintiff, said after the judgement that it reaffirmed the obligation of political parties to comply with the Electoral Act when holding internal elections.
The supplied material does not identify the plaintiff or state whether the APC intends to appeal the ruling. The fresh primary will determine the party’s candidate for the constituency, subject to further legal developments.
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