FCT Poll: Court dismisses suit against APC candidate at Bwari

The Federal High Court in Abuja, on Wednesday, dismissed a suit seeking an order restraining Haruna Audi from parading himself as the All Progressives Congress (APC)’s candidate for the 2026 Bwari Area Council chairmanship election. Justice Emeka Nwite, in a judgment, held that the suit filed by the plaintiff, Joshua Ishaku, was statute barred, having […]

The Federal High Court in Abuja, on Wednesday, dismissed a suit seeking an order restraining Haruna Audi from parading himself as the All Progressives Congress (APC)’s candidate for the 2026 Bwari Area Council chairmanship election.

Justice Emeka Nwite, in a judgment, held that the suit filed by the plaintiff, Joshua Ishaku, was statute barred, having been filed outside the 14 days prescribed by Section 285(9) of the 1999 Constitution (as amended).

Justice Nwite held that a pre-election matter ought to be filed within 14 days of the cause of action.

The judge said that contrary to Ishaku’s argument that the cause of action arose on July 24, the day he became aware that APC forwarded Audi’s name to INEC, the judge held that the action occurred on June 30 as contended by APC and Audi.

“It is immaterial the date the plaintiff got the information. What is material was the date the action was done and the time begins to run thereafter,” he said.

The judge agreed that the APC’s National Working Committee (NWC) upheld the report of the Primary Election Appeal Committee of the party and forwarded Audi’s name to INEC as the candidate who secured the highest votes of 38 in the poll.

He, therefore, upheld Audi’s preliminary objection filed by his lawyer, Mahmud Magaji, SAN.

Justice Nwite held that having been invited by the appeal committee and failed to honour the invitation, Ishaku’s claim that he was denied a fair hearing was untenable.

The News Agency of Nigeria (NAN) reports that Ishaku had, in the originating summons, marked: FHC/ABJ/CS/1494/2025, sued APC, Audi and INEC as 1st to 3rd defendants respectively.

In the suit filed by Ogwu Onoja, SAN, the plaintiff sought nine reliefs which include a declaration that it was null and void and contrary to the APC’s constitution, the APC’s guidelines for conduct of Area Council primary and the Electoral Act for Audi’s name to be forwarded to INEC by the party via a letter dated July 14 as the candidate of the party for the election slated for 2026.

He also sought an order directing the 1st defendant (APC) to forward the name of the plaintiff (Ishaku) to the 3rd defendant (INEC) as its chairmanship candidate for Bwari Area Council in the 2026 Area Council chairmanship election.

The plaintiff also sought an order directing INEC to publish his name as the candidate of APC for the forthcoming poll, among others. (NAN)