Daud Olatunji
The Federal High Court in Abuja has fixed November 19, 2026, to deliver its ruling or judgment in a suit challenging the emergence of former Kogi State Governor, Yahaya Bello, as the All Progressives Congress senatorial candidate for Kogi Central in the 2027 election.
Justice Inyang Ekwo fixed the date on Monday after hearing arguments from parties in the suit, including Bello, the APC and the Independent National Electoral Commission, who urged the court to dismiss the case.
The suit, filed by Chief Momoh Obaro, seeks to invalidate Bello’s emergence as the APC candidate and compel the party to recognise Obaro as its duly nominated candidate for the Kogi Central senatorial election.
The case, marked FHC/ABJ/CS/1085/2026, was instituted against the APC, Bello and INEC as first to third defendants respectively.
Obaro, through his counsel, Kimi Appah, filed the originating summons on May 29, asking the court to declare that he won the APC senatorial primary conducted on May 18 after securing the highest number of lawful votes.
He also asked the court to restrain the APC from submitting Bello’s name to INEC as its candidate and sought an order of mandamus compelling the party to recognise and forward his name to the electoral commission.
In an affidavit personally deposed to by him, Obaro alleged that Bello was neither screened nor cleared to participate in the primary election.
He further alleged that although Bello submitted his Expression of Interest and Nomination Forms, he subsequently withdrew from the contest before the primary was conducted.
According to Obaro, the alleged withdrawal letter was submitted to the appropriate APC authorities and was not withdrawn before the primary.
However, Bello rejected the claims, insisting that he neither withdrew from the contest nor emerged through an invalid process.
In his counter-affidavit, Bello claimed that he was duly screened, cleared and certified to contest the primary.
He also disputed Obaro’s account of the election result, stating that he polled 72,999 votes, while Obaro secured 188 votes and finished third.
Bello argued that Obaro failed to place before the court the authentic result sheet issued by the duly constituted primary election committee to substantiate his claim of victory.
The former governor, through his counsel, Paul Daudu, SAN, also filed a preliminary objection urging the court to dismiss the suit in limine.
He argued that the suit was fundamentally defective and incompetent and that the court lacked jurisdiction to entertain it.
Daudu further contended that Obaro’s written address failed to comply with the mandatory provisions of Paragraph 7 of the Federal High Court (Pre-Election) Practice Directions, 2026, as amended.
Bello maintained that his emergence followed a primary election monitored by INEC and that the APC subsequently submitted his name to the commission as its candidate.
INEC also opposed the suit, maintaining that its officials monitored the APC primary and that Bello emerged with the highest number of valid votes.
In its counter-affidavit, deposed to by Muhammad Ayuba, an administrative officer in its Litigation and Prosecution Department, the electoral commission said reports from its officers who monitored the exercise across the five Local Government Areas making up Kogi Central showed that the primary was substantially conducted in compliance with the Electoral Act 2026.
The commission consequently urged the court to dismiss Obaro’s case.
The APC also asked the court to reject the plaintiff’s claims.
At Monday’s proceedings, counsel for Obaro, A.T. Hassan, SAN, adopted the processes filed by his client and urged the court to grant the reliefs sought, including an application to amend the substantive suit.
Counsel to the APC, Ibrahim Mohammed, SAN; Bello’s lawyer, Paul Daudu, SAN; and INEC’s counsel, S.A. Omole, urged Justice Ekwo to dismiss the case.
After listening to the submissions of the parties, Justice Ekwo adjourned the matter until November 19 for ruling on the motion to amend the suit or judgment.
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