The Federal High Court in Gombe has nullified the All Progressives Congress (APC) primary election that produced Ali J.C. as its candidate for the Balanga/Billiri Federal Constituency and ordered the party to conduct a fresh exercise within 30 days.
Justice Vera Ibrahim, in a judgment delivered on Wednesday, also barred Ali from participating in the fresh primary.
The court’s decision followed a suit challenging the validity of the May 16, 2026, APC primary and the party’s compliance with statutory requirements governing its membership register.
Justice Ibrahim held that Ali’s name was not contained in the APC membership register submitted to the Independent National Electoral Commission (INEC) within the period prescribed by law.
Section 77 of the Electoral Act 2026 requires political parties to submit their membership registers to INEC at least 21 days before conducting their primaries.
According to the judgment, Ali joined the APC 16 days before the May 16 primary. The court further found that neither the APC nor INEC produced sufficient evidence showing that his name appeared on the relevant membership register submitted within the statutory timeframe.
Justice Ibrahim stressed that the issue before the court was not simply whether Ali was an APC member, but whether the party had complied with the statutory requirements governing the submission of its membership register.
Relying on recent Supreme Court decisions, the judge distinguished ordinary disputes over party membership from cases involving compliance with statutory provisions regulating party membership registers.
The court consequently nullified the primary and ordered the APC to conduct another exercise in accordance with the Electoral Act, excluding Ali from the fresh contest.
The court’s ruling also means that the certificate of return issued to Ali from the disputed primary cannot stand at the level of the judgment, with reports stating that the APC was ordered to withdraw it.
Counsel to the plaintiff, Ibrahim Aliyu, said the judgment reinforced the need for political parties to comply with statutory requirements when conducting internal elections.
The APC case came shortly after a separate Federal High Court judgment in Gombe nullified the PDP’s earlier governorship primary that produced former Minister of Communications and Digital Economy, Professor Isa Ali Ibrahim Pantami, as the party’s candidate.
Justice Amina Aliyu Mohammed ordered the PDP to conduct a fresh primary after finding that the earlier process did not comply with the party’s guidelines and applicable electoral requirements.
The party subsequently conducted the rerun on September 29, with Pantami, Khamisu Ahmed Mailantarki and Usman Aliyu Garry participating.
Pantami emerged from the fresh exercise as the PDP’s governorship candidate after securing the highest number of votes. Reports on the exact tally differ, with Channels Television reporting 2,054 votes for Pantami, while other reports published different figures; however, the reports agree that he emerged winner.
The two court decisions have brought renewed attention to the importance of strict compliance with electoral law and party procedures as political parties prepare for the 2027 general elections.
For the APC, the immediate consequence is a fresh contest for the Balanga/Billiri Federal Constituency, without Ali J.C. participating in the court-ordered exercise.
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