Court Cancels APC Primary and Blocks Winner from New One

The Federal High Court in Gombe has cancelled the All Progressives Congress (APC) primary election that took place on 16 May for the Balanga/Billiri Federal Constituency. The court said the election did not follow the rules set out in the Electoral Act.

The court also told the APC to hold a new primary and stopped Ali J.C., who won the cancelled election, from joining the rerun.

Justice Vera Ibrahim made the ruling after finding that Mr. Ali’s name was not on the APC membership list that was sent to the Independent National Electoral Commission (INEC) on time.

The court based its decision on Section 77 of the Electoral Act. This section says political parties must send their membership lists to INEC at least 21 days before the party primaries.

Mr. Ali joined the APC just 16 days before the primary.

The court said the key issue was not just if Mr. Ali was a member of the APC. It was about whether the party followed the law by submitting its membership list properly.

Justice Ibrahim also noted that neither the APC nor INEC showed enough proof that Mr. Ali’s name was on the list that was submitted within the required time.

The judge referred to recent Supreme Court rulings to explain the difference between regular membership disputes and cases about following the rules for party registers.

The court concluded that it could check if the APC followed the Electoral Act when preparing and submitting their membership lists.

Thus, the court cancelled the primary held on 16 May and ordered the APC to conduct a new primary election according to the law.

This judgement creates more uncertainty for the APC’s representation in the Balanga/Billiri Federal Constituency as the 2027 general election approaches.

After the judgement, the lawyer for the plaintiff, Ibrahim Aliyu, said the decision highlights the need for political parties to follow the Electoral Act during their internal elections.