Former Kogi State Governor Yahaya Bello, the All Progressives Congress (APC) and the Independent National Electoral Commission have asked the Federal High Court in Abuja to dismiss a suit challenging Bello’s emergence as the APC candidate for Kogi Central Senatorial District in the 2027 election.
The defendants made the request in separate processes filed in response to a suit instituted by Chief Momoh Obaro, who is challenging Bello’s nomination and asking the court to recognise him as the party’s candidate.
The suit, marked FHC/ABK/CS/1085/2026, was filed on May 29 by Obaro’s counsel, Kimi Appah. The APC, Bello and INEC are listed as the first to third defendants respectively.
Obaro is asking Justice Inyang Ekwo to declare him the lawful winner of the APC senatorial primary held on May 18, claiming that he secured the highest number of valid votes.
He is also seeking an order restraining the APC from forwarding Bello’s name to INEC and an order compelling the party to recognise and submit his name as its duly nominated candidate for the Kogi Central senatorial seat.
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In an affidavit personally deposed to, Obaro alleged that Bello was neither screened nor cleared to participate in the primary.
He said he was therefore surprised when Bello was declared the winner and his name was subsequently submitted to INEC.
In a further affidavit filed in response to Bello’s counter-affidavit, Obaro alleged that although the former governor completed and submitted his Expression of Interest and Nomination Forms, he later withdrew from the primary.
He claimed that Bello’s alleged withdrawal letter was submitted to the appropriate APC authorities and was not withdrawn before the primary was held.
Bello, however, denied withdrawing from the contest and asked the court to dismiss the suit.
In a preliminary objection filed through his counsel, Joseph Daudu, SAN, Bello argued that the suit was fundamentally defective, incompetent and incapable of conferring jurisdiction on the court.
Daudu also argued that Obaro’s written address failed to comply with Paragraph 7 of the Federal High Court (Pre-Election) Practice Directions 2026, as amended.
In his counter-affidavit, Bello rejected Obaro’s account of the primary, maintaining that he secured the highest number of lawful votes while Obaro came third.
According to Bello, Obaro polled 188 votes, while he secured 72,999 votes.
He further argued that Obaro failed to produce the authentic official result sheet issued by the duly constituted primary election committee to support his claim.
Bello also maintained that he was duly screened, cleared and certified as qualified to participate in the primary, contrary to Obaro’s allegation.
He said that after he was declared winner of the primary, which was monitored by INEC, the APC submitted his name to the electoral commission as its candidate.
INEC’s Position
INEC, in a separate counter-affidavit deposed to by Muhammad Ayuba, an administrative officer in its Litigation and Prosecution Department, also asked the court to dismiss the suit.
The commission said it monitored the primary election in accordance with the law and that Bello emerged winner after securing the highest number of valid votes among the three aspirants who contested the exercise.
INEC said reports submitted by its electoral officers who monitored the primary across the wards in the five Local Government Areas that make up Kogi Central indicated that the exercise was substantially conducted in compliance with the Electoral Act 2026.
Court Adjourns Matter
When the matter came up before Justice Ekwo on Monday, counsel to Obaro, A.T. Hassan, SAN, adopted the processes filed by his client and urged the court to grant the reliefs sought.
He also urged the court to allow Obaro’s application to amend the substantive suit.
Counsel to the APC, Ibrahim Mohammed, SAN; Bello’s counsel, Paul Daudu, SAN; and INEC’s lawyer, S.A. Omole, however, urged the court to dismiss the suit.
After hearing submissions from the parties, Justice Ekwo adjourned the matter until November 19 for ruling on the motion to amend the suit or for judgment.
Rafiyat Sadiq is a political, justice, and human rights reporter with Pinnacle Daily, known for fearless reporting and impactful storytelling. At Pinnacle Daily, she brings clarity and depth to issues shaping governance, democracy, and the protection of citizens’ rights.