From Godwin Tsa Abuja
The Federal High Court in Abuja has struck out a suit seeking to stop the All Progressives Congress (APC) from substituting its candidates in Benue State ahead of the 2027 general elections, ruling that the plaintiff had no standing to bring it.
Justice Inyang Ekwo, in a ruling on Thursday, held that the plaintiff, Hon. (Engr.) Sesugh Kaaba, failed to show that he took part in the party’s May 20, 2026 primary, a condition for challenging a candidate’s nomination in a pre-election matter.
Kaaba, in the suit marked FHC/ABJ/CS/1429/2026, asked the court to bar the APC from replacing candidates who allegedly emerged from its primaries, except through voluntary withdrawal, death or disqualification.
He also sought an order compelling the party and the Independent National Electoral Commission (INEC) to retain their names for governorship, senatorial, House of Representatives and State House of Assembly seats.
The APC countered with a preliminary objection filed on July 21, 2026. It argued that the suit was statute-barred, an abuse of court process and beyond the court’s jurisdiction, and that Kaaba lacked locus standi because he had not proved participation in the primary.
Justice Ekwo agreed on the last point.
He noted that Kaaba described himself in his affidavit as a registered APC member who bought nomination and expression of interest forms to contest the Gboko East State Constituency seat. But the court found that Exhibits B and C, attached to the affidavit, were an expression of interest form and a nomination form dated June 18, 2026, and so did not prove he took part in the May 20 primary.
The judge also questioned the relevance of a December 5, 2025 Court of Appeal judgment the plaintiff tendered, saying it had no bearing on the disputed primary.
Relying on earlier decisions, including Wushishi v. Imam, the court reiterated that only an aspirant who participated in the primary can sue, and must be able to establish the basis of his complaint. Justice Ekwo added that Kaaba pointed to no legal provision allowing him to sue in a representative capacity for other purported aspirants.
- “The consequence of lack of locus standi is dire and the Courts have been unwavering in making pronouncements on it,” the judge said, before striking out the suit.
The court did not decide whether the APC can lawfully substitute the affected candidates. Its finding on locus standi ended the case and left the APC’s other objections undetermined.
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