APC Lawmaker Drags Party, INEC To Court Over Benue Assembly Ticket

A member of the Benue State House of Assembly, Mathew Damkor, has dragged the All Progressives Congress (APC) and the Independent National Electoral Commission (INEC), before a Federal High Court, to recognise him as the party’s authentic candidate for the Tiev State Constituency seat in the 2027 general election.

Damkor, who represents the constituency and seeking re-election, is challenging what he described as his unlawful substitution by the APC without a fair hearing.

He listed Tarkighir Audu, the APC and INEC as first, second and third defendants respectively in the suit, marked FHC/MKD/CS/64/2026, filed through his counsel, Innocent Daagba.

He is asking the court to compel the APC to forward his name to INEC as its lawfully nominated candidate, and for INEC to receive only his particulars from the party. He also wants an order directing that he be accorded all rights and privileges due the party’s validly nominated candidate.

The lawmaker premised his suit on Sections 29(1), 33 and 84(1)(2) of the Electoral Act, 2026, and Paragraph 20.3 of the APC constitution as amended in March 2022.

He formulated three questions for the court’s determination, all turning on whether the party is bound by law to transmit his name to INEC after the May 20, 2026 primary, which INEC monitored.

whether by a proper construction of section 29 (1), 33, 84 (1) (2) of the Electoral Act, 2026, and paragraphs 20.3 of the party’s constitution (as amended March 26, 2022), the 2nd defendant is right in withholding and it changing his name and particulars aa candidate who participated and won the Tiev State Constituency primary election of the party, which was conducted on May 20, 2026 and duly supervised by INEC.

“ Whether by the community reading of section 169 of the Evidence Act, 2011 (as amended), and section 33 of the Electoral Act 2026, the expression of interest and nomination form, and declaration of result sheet of the party, INEC monitoring checklist and INEC report of the APC Tiev State Constituency primary election held on May 20, 2026, the party is not estopped from refusing to send his name and particulars as its candidate to the 3rd defendant (INEC) as the party’s flagbearer in the forthcoming 2027 general elections for Tiev State Constituency into the Benue State House of Assembly.

“Whether having regard to the provisions of section 84 and 85 of the Electoral Act 2026 and paragraphs 20.4 (III) of the 2nd defendant’s constitution 2022 as well as the guidelines for the 2026 general elections, the 2nd defendant is bound by law to forward his name and particulars to the 3rd defendant as it’s flagbearer in the forthcoming 2027 general elections for Tiev State Constituency into the Benue State House of Assembly, having been declared winner of the party’s primary election held on May 20, 2026 and duly supervised by INEC.

In a 24-paragraph affidavit, Damkor deposed that he is a card-carrying APC member who renewed his membership during the party’s validation exercise, evidenced by a temporary membership slip numbered APC072311000046.

He said he won the APC primary for the constituency, polling 4,464 votes the highest among contestants who included Tarkighir Audu, Kor Nguemo and Tersoo Ortserga and was issued a result sheet to that effect. He said he was later surprised to find his name substituted with that of Audu.