The Federal High Court in Abuja has dismissed a suit seeking to restrain Mr. Haruna Audi from parading himself as the All Progressives Congress (APC) candidate for the 2026 Bwari Area Council chairmanship election.
Delivering judgment on Wednesday, Justice Emeka Nwite held that the suit filed by the plaintiff, Mr. Joshua Ishaku, was statute-barred, having been filed outside the 14-day period prescribed under Section 285(9) of the 1999 Constitution (as amended).
Justice Nwite ruled that pre-election matters must be instituted within 14 days from the date the cause of action arises.
He held that, contrary to Ishaku’s argument that the cause of action arose on July 24, the day he allegedly became aware that the APC forwarded Audi’s name to the Independent National Electoral Commission (INEC), the action actually occurred on June 30, as argued by the APC and Audi.
“It is immaterial the date the plaintiff got the information. What is material is the date the action was done, and time begins to run thereafter,” the judge said.
The court further upheld the position of the APC’s National Working Committee (NWC), which had endorsed the report of its Primary Election Appeal Committee and confirmed Audi as the candidate who secured the highest votes, 38 in total, during the party’s primary election.
Justice Nwite therefore upheld the preliminary objection filed by Audi’s counsel, Chief Mahmud Magaji (SAN).
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He also ruled that Ishaku’s claim of being denied a fair hearing was unfounded since he failed to appear before the party’s appeal committee after being invited.
Ishaku had filed the suit marked FHC/ABJ/CS/1494/2025 through his counsel, Chief Ogwu Onoja (SAN), listing the APC, Audi, and INEC as the 1st to 3rd defendants respectively.
The plaintiff sought nine reliefs, including a declaration that the forwarding of Audi’s name to INEC as the APC candidate was null and void for allegedly violating the party’s constitution, its guidelines for primaries, and the Electoral Act.
He also sought an order compelling the APC to submit his name to INEC as the rightful chairmanship candidate for the Bwari Area Council and for INEC to publish his name accordingly.
However, in a preliminary objection, Magaji urged the court to strike out the case for want of jurisdiction, arguing that the matter was statute-barred and that the court lacked competence to hear it.
Magaji contended that the APC’s NWC had, on June 30, upheld the appeal committee’s report and issued a certificate of return to Audi, making June 30 the latest possible date the cause of action could have arisen.
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He argued that since Ishaku filed the case on July 24 making 24 days after the cause of action, it was filed 10 days beyond the constitutional time limit.
Justice Nwite agreed with the defence, holding that the suit was indeed statute-barred and that the court lacked jurisdiction to entertain it.
While the judge resolved the issue of internal party affairs in Ishaku’s favour, he held that the plaintiff failed to exhaust the APC’s internal dispute resolution mechanisms before approaching the court.
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“This court is hereby robbed of jurisdiction to consider this suit. Accordingly, this suit is dismissed for lack of jurisdiction,” Justice Nwite ruled.
On the substantive matter, the judge added that Ishaku failed to prove his allegations, stating, “I am of the view and do hold that all the paragraphs in the affidavit cannot be relied upon unless this suit is refiled. The plaintiff has failed woefully to prove the allegations. Accordingly, this suit is hereby dismissed.”
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.
