The Federal High Court 2 sitting in Gombe has nullified the May 16, 2026 All Progressives Congress (APC) Federal Constituency Primary Election, which produced Ali Isa J.C. as its candidate for the Billiri/Balanga Federal Constituency.
Delivering judgment on Wednesday, Justice Vera E. Ibrahim ordered the party to conduct a fresh primary and excluded Ali J.C. from contesting.
She stated that the participation of Ali JC, a former Minority Whip of the House of Representatives, in the APC primary election was invalid, unlawful, null and void, citing non-compliance with the provisions of Section 77 of the Electoral Act 2026.
Daily Trust reports that the judgment followed a suit by an aspirant, Hon. John Alfred, who challenged the validity of the APC primary election and the emergence of Ali Isa J.C. as the party’s candidate for the federal constituency.
The court stated that his name was not contained in the party”s membership register submitted to the Independent National Electoral Commission (INEC), at least 21 days before the primary, as required by Section 77 of the Electoral Act.
The plaintiff, Mr John Alfred told the court that Ali J.C. joined the party just 16 days before the primary election.
Justice Ibrahim further stated that the primary election was conducted without strict compliance with the relevant statutory requirements, thereby rendering the process invalid.
Consequently, the court nullified the emergence of Hon. Ali Isa J.C. and ordered that his Certificate of Return be withdrawn.
The court also directed the APC to conduct a fresh primary election within 30 days to select its candidate for the Balangailliri Federal Constituency.
The court, relying on recent Supreme Court jurisprudence, distinguished between a simple dispute over party membership and compliance with statutory requirements governing party registers.
Consequently, the court held that the requirement to have a candidate”s name in the register submitted within the prescribed period is a matter of compliance that can be examined by the court.
Speaking after the judgment, Counsel to the Plaintiff, Ibrahim Aliyu, described the judgment as a victory for internal democracy
