Courtroom Drama: Gombe Court Overturns Ex-Reps Minority Whip's APC Primary!

The Federal High Court in Gombe, presided over by Justice Vera Ibrahim, has nullified the All Progressives Congress (APC) primary election held on May 16, 2026, for the Balanga/Billiri Federal Constituency. This decision impacts the former minority whip, Ali J.C., who was produced as the party's candidate from the said primary. The court has ordered the APC to conduct a fresh primary election for the constituency, explicitly excluding Ali J.C., the incumbent member representing the constituency, from participating in the rerun.

The court's judgment was primarily based on the finding that Ali J.C.'s name was not present in the APC membership register that was submitted to the Independent National Electoral Commission (INEC) at least 21 days before the primary election, a requirement stipulated under Section 77 of the Electoral Act. It was reported that the lawmaker had resigned from the Peoples Democratic Party (PDP) on March 14, 2026, citing internal crises and alleged undemocratic practices. He subsequently joined the APC just 16 days prior to the primary election, which raised significant questions regarding his eligibility to participate in the exercise under the statutory requirements governing party membership registers.

Justice Ibrahim clarified that the core issue before the court was not merely whether Ali J.C. was a member of the APC, but critically, whether his membership complied with the statutory requirement concerning the party register submitted to INEC ahead of the primary. The court noted that neither the APC nor INEC presented any evidence to establish that Ali J.C.'s name was included in the membership register submitted within the legally prescribed timeframe. Drawing upon recent precedents set by the Supreme Court, Justice Ibrahim differentiated between a standard dispute over party membership and a challenge directly related to compliance with statutory requirements governing the submission of party membership registers. The court affirmed that the mandate for a candidate's name to appear in the register submitted within the specified period constitutes a statutory compliance issue, thereby making it subject to judicial review and examination. Consequently, the May 16 primary election was declared null and void, with a directive for the APC to proceed with a new primary for the Balanga/Billiri Federal Constituency.