The Federal High Court, Gombe, presided over by Justice Vera Ibrahim, has nullified the May 16, 2026, All Progressives Congress primary election that produced Hon. Ali J.C. as the party’s candidate for the Balanga/Billiri Federal Constituency of Gombe State.
The court also ordered the APC to conduct a fresh primary election within 30 days, excluding Ali J.C. from participating in the rerun.
The judgment followed a suit filed by Alfred John, a member of the APC, challenging the validity of Ali J.C.’s participation in the primary election and his eligibility to contest the party’s nomination.
Justice Ibrahim held that Ali J.C.’s participation in the primary was invalid, unlawful, null and void, citing non-compliance with Section 77 of the Electoral Act 2026.
The court further held that Ali J.C. was not eligible to participate in the primary and ordered the withdrawal of his certificate of return.
According to the judgment, the APC primary was conducted without strict compliance with the relevant statutory requirements governing the submission and use of the party’s membership register.
The court found that Ali J.C.’s name was not contained in the APC membership register submitted to the Independent National Electoral Commission at least 21 days before the primary, as required by Section 77 of the Electoral Act.
Ali J.C. was said to have joined the APC 16 days before the primary.
Justice Ibrahim held that the issue before the court was not merely a dispute over party membership but whether the statutory requirements governing the party’s membership register had been complied with.
The court also found that the APC and INEC failed to produce evidence establishing that Ali J.C.’s name was contained in the relevant membership register submitted within the prescribed period.
Relying on recent decisions of the Supreme Court, the court distinguished between a simple dispute over party membership and compliance with statutory requirements regulating the submission of party membership registers.
The court consequently held that the statutory requirement relating to the inclusion of a candidate’s name in the membership register submitted within the prescribed period was a matter of compliance that could be examined by the court.
Counsel to the plaintiff, Ibrahim Aliyu, said the judgment had addressed the statutory requirements governing participation in the party primary.
He said, “The court has nullified the primary election that produced Ali J.C. and ordered the APC to conduct a fresh primary within 30 days, specifically excluding him from participating.”
The court subsequently ordered the withdrawal of Ali J.C.’s certificate of return and directed the APC to conduct a fresh primary election for the Balanga/Billiri Federal Constituency in compliance with the law.