The Federal High Court in Gombe has nullified the May 16, 2026, All Progressives Congress (APC) primary election that produced the former minority whip, Ali J.C., as the party’s candidate for the Balanga/Billiri Federal Constituency.
The court, presided over by Justice Vera Ibrahim, on Wednesday, ordered the APC to hold a fresh primary to nominate a candidate for the constituency, excluding Ali J.C., the serving member representing the constituency, from participating in the rerun.
The court based its decision on the finding that Ali’s name was not in the APC membership register submitted to the Independent National Electoral Commission (INEC) at least 21 days before the primary, as required under Section 77 of the Electoral Act.
LEADERSHIP reported that the lawmaker resigned from the Peoples Democratic Party (PDP) on March 14, 2026, citing internal crisis and what he described as undemocratic practices within the opposition party.
The court said he joined the APC 16 days before the primary election, raising questions over his eligibility to participate in the exercise under the statutory requirements governing the party’s membership register.
Justice Ibrahim held that the issue before the court was not merely whether Ali was a member of the APC, but whether his membership complied with the statutory requirement concerning the register submitted to INEC ahead of the primary.
The court further found that neither the APC nor INEC produced evidence establishing that Ali’s name was contained in the membership register submitted within the period prescribed by law.
Relying on recent decisions of the Supreme Court, the court distinguished between an ordinary dispute over party membership and a challenge based on compliance with statutory requirements governing the submission of party membership registers.
Justice Ibrahim held that the requirement for a candidate’s name to appear in the register submitted within the prescribed period constitutes a statutory compliance issue that can be examined by the court.
Consequently, the court nullified the May 16 primary election and directed the APC to conduct a fresh primary for the Balanga/Billiri Federal Constituency.
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