The Federal High Court, Abuja Division, has fixed November 19 for judgement in a suit challenging the emergence of former Governor Yahaya Bello as the All Progressives Congress (APC) senatorial candidate for Kogi Central.
Justice Inyang Ekwo fixed the date after Mr Bello, the APC and the Independent National Electoral Commission (INEC) prayed the court to dismiss the suit.
They urged the court to dismiss the suit filed by Chief Momoh Obaro, seeking to void the ex-governor’s APC senatorial ticket.
Mr Obaro, in the suit marked FHC/ABK/CS/1085/2026 filed by his lawyer, Kimi Appah, had sued APC, Bello and INEC as first to third defendants, respectively.
In the originating summons filed on May 29, the plaintiff urged the court to declare that, having scored the highest number of lawful votes cast in the May 18 primary poll, he was the lawful winner whose name should be forwarded to INEC as APC’s candidate.
He therefore prayed the court to restrain APC from forwarding Bello’s name as the party’s candidate to INEC for the 2027 senatorial poll.
Mr Obaro also sought an order of mandamus compelling the APC to forthwith recognise and forward his name to INEC as duly and validly nominated candidate for the senatorial seat, among others.
In the affidavit he personally deposed to, Mr Obaro alleged that Mr Bello was not screened and cleared as an aspirant in the poll.
He said he was, however, shocked to learn that Mr Bello was declared the winner of the election and that his name was forwarded to INEC.
He prayed the court to grant his reliefs.
In his further affidavit in response to Mr Bello’s counter affidavit, Mr Obaro alleged that although the ex-governor completed and submitted his Expression of Interest (EoI) Form and Nomination Form for the primary election, Bello allegedly withdrew from the poll voluntarily.
He said the letter of voluntary withdrawal was submitted to the APC’s appropriate authorities and that he never withdrew before the primary election.
But Mr Bello denied withdrawing from the contest and urged the court to dismiss the suit.
In his preliminary objection, filed by Joseph Daudu, SAN, the ex-governor prayed the court to dismiss the suit in limine as fundamentally defective and incompetent, and for vesting no jurisdiction in the court to adjudicate thereon.
Mr Daudu argued that the plaintiff’s written address failed to comply with the mandatory provision of Paragraph (7) of the Federal High Court (Pre-Election) Practice Directions, 2026 (as amended), among other reliefs.
Mr Bello, in his counter affidavit, deposed that, contrary to Mr Obaro’s claim, he scored the highest number of lawful votes, while the plaintiff polled a distant third.
He said that while the plaintiff polled 188 votes, he scored 72,999 votes.
He argued that Mr Obaro had failed to produce before the court the authentic and official result sheet by the duly constituted primary election committee.
He said he was screened, cleared, certified, and found qualified to contest in the poll, contrary to the plaintiff’s claim.
He said following his declaration as the winner of the poll monitored by INEC, the party submitted his name as a valid candidate.
He vehemently denied withdrawing from the election in his further counter affidavit.
The APC and INEC, in their separate court documents, also urged the court to dismiss the suit.
In its counter affidavit deposed to by Muhammad Ayuba, an administrative officer in the Litigation and Prosecution Department, INEC said it monitored the election in compliance with the laws.
The commission said the election, which was contested by three aspirants, was won by Mr Bello, having polled the highest number of valid votes and was returned as the winner of the primary.
“All the reports from the electoral officers who monitored the primary at various wards in the five LGAs constituting the Kogi Central Senatorial District clearly show that the election was conducted substantially in compliance with the provisions of the Electoral Act, 2026,” it added.
When the case was called on Monday, A. T. Hassan, SAN, counsel for Mr Obaro, adopted all their processes and urged the court to grant their prayers, including their motion to amend the main suit.
APC’s lawyer, Ibrahim Mohammed, SAN; Mr Bello’s counsel, Paul Daudu, SAN, and INEC’s lawyer, S.A. Omole, urged the judge to dismiss the suit.
After hearing the parties, Justice Ekwo adjourned the matter until November 19 for a ruling on the motion to amend or judgement.
(NAN)
Discussion about this post