Key Takeaways
- The Federal High Court in Gombe nullified the All Progressives Congress (APC) primary election for the Balanga/Billiri Federal Constituency.
- Hon. Ali Isa J.C., the former Chief Whip, has been barred from participating in any fresh primary election for the constituency.
- The court ordered the Independent National Electoral Commission (INEC) to withdraw the Certificate of Return previously issued to Isa.
- The APC must now conduct a fresh primary election for the constituency within 30 days, adhering strictly to electoral laws.
- The judgment cited Isa's late APC membership and the party's non-compliance with Section 77 of the Electoral Act 2026 as primary reasons for the nullification.
GOMBE – In a significant judicial pronouncement, the Federal High Court No 2 sitting in Gombe has invalidated the emergence of Hon. Ali Isa J.C. as the All Progressives Congress (APC) candidate for the Balanga/Billiri Federal Constituency in the upcoming 2027 House of Representatives election. The court’s decision, delivered by Justice Vera E Ibrahim, has sent ripples through the political landscape of Gombe State, mandating a fresh primary election and barring the former Chief Whip from participating.
The landmark judgment, which followed a suit filed by Hon. Alfred John Atajiri, meticulously scrutinized Isa’s eligibility and the procedural integrity of the APC primary. Justice Ibrahim’s ruling not only ordered the APC to conduct a new primary within 30 days but also directed the Independent National Electoral Commission (INEC) to withdraw the Certificate of Return previously issued to Isa, effectively stripping him of his candidacy.
Grounds for Nullification: Membership and Compliance
A central pillar of the legal challenge revolved around the timing of Hon. Ali Isa’s membership registration with the APC and the party’s adherence to statutory requirements governing primary elections. According to court records, Isa reportedly joined the APC merely 16 days before the primary election was conducted. Crucially, his name was not included in the party’s membership register submitted to INEC within the legally prescribed timeframe.
The court heavily relied on Section 77 of the Electoral Act 2026, a critical piece of legislation that mandates political parties to submit their comprehensive membership registers to INEC at least 21 days before conducting any primary elections. This provision is designed to ensure transparency, prevent last-minute manipulations, and uphold the integrity of the internal party nomination process. Justice Ibrahim unequivocally held that Isa’s participation in the primary was, therefore, “invalid, unlawful, null and void.”
Furthermore, the court found that the primary election itself suffered from significant procedural irregularities. Allegations were presented that the exercise was not conducted in some parts of the constituency, further undermining its credibility and compliance with relevant statutory requirements. These combined factors led to the outright nullification of the primary that had initially produced Isa as the APC flag-bearer.
Broader Implications for Political Parties
While the court's principal orders focused on the validity of Isa's participation and the conduct of a fresh primary, the proceedings also touched upon the broader issue of Isa’s continued status in the National Assembly and the receipt of salaries and other benefits. Although not the primary focus of the judgment, this aspect underscores the intricate legal challenges that can arise from disputed nomination processes and the potential far-reaching consequences for elected officials.
The judgment has profound political implications for the APC in the Balanga/Billiri Federal Constituency. The party is now compelled to organize another primary, ensuring that only eligible aspirants participate and that the process strictly complies with the Electoral Act and its own internal guidelines. It is noteworthy that while Hon. Atajiri initiated the suit, the court did not automatically award him the party ticket, instead opting for a fresh, fair, and legally compliant contest.
The APC now faces a stringent 30-day deadline to conduct this fresh primary. This period will test the party’s organizational capacity and its commitment to internal democracy and adherence to the rule of law. The party must ensure that its membership registers are accurate, aspirants meet all eligibility criteria, and the primary is conducted transparently across all designated areas of the constituency.
Why This Matters
This ruling by the Federal High Court serves as a potent reminder to all political parties of the critical importance of strict compliance with electoral laws and party regulations, especially as the nation gears up for the 2027 general elections. It reinforces the judiciary's role as a guardian of electoral integrity, ensuring that internal party processes are fair, transparent, and adhere to the letter of the law. The judgment underscores that procedural lapses and eligibility breaches will not be overlooked, ultimately strengthening democratic principles and accountability within Nigeria's political system.