Court Dismisses Suit Against Benue APC’s 2027 Candidates

Justice Inyang Ekwo of the Federal High Court, Abuja, has struck out a suit challenging the All Progressives Congress (APC’s) alleged move to substitute its nominated candidates in Benue State for the 2027 general elections.

The court held that the plaintiff, Hon. Sesugh Kaaba lacked the legal standing to institute the action.

The suit, marked FHC/ABJ/CS/1429/2026, sought to stop the APC from replacing candidates who allegedly emerged from its primaries, except in cases of voluntary withdrawal, death or disqualification.

Kaaba had asked the court to compel the APC and the Independent National Electoral Commission (INEC) to recognise and retain the names of the party’s purportedly nominated candidates for governorship, senatorial, House of

Representatives and State House of Assembly seats in Benue State.

However, the APC challenged the competence of the suit, arguing, among other grounds, that the plaintiff lacked locus standi to institute the action because he had not established that he participated in the party’s primary election held on May 20, 2026.

In resolving the issue, Justice Ekwo held that a person seeking to challenge the selection or nomination of a political party’s candidate in a pre-election matter must establish that he participated in the relevant primary election.

The judge noted that the plaintiff’s affidavit described him as a registered and active member of the APC who had purchased nomination and expression of interest forms to contest for the Gboko East State Constituency seat.

However, the court found that the documents tendered by the plaintiff did not establish his participation in the primary election.

Justice Ekwo observed that Exhibits B and C, attached to the affidavit supporting the originating summons, were copies of an expression of interest form and a nomination form dated June 18, 2026, rather than evidence of participation in the May 20 primary.

The judge also questioned the relevance of another document tendered by the plaintiff, a Court of Appeal judgment delivered on December 5, 2025, to the disputed primary election.

Citing previous judicial decisions, including Wushishi v. Iman, the court reiterated that an aspirant entitled to institute a pre-election action must have participated in the relevant primary election and must be able to establish the basis of the complaint.

Justice Ekwo further held that the plaintiff had not demonstrated any legal provision authorising him to institute the action in a representative capacity on behalf of other purported aspirants.

The judge consequently held that the suit was incompetent for want of locus standi.

“The consequence of lack of locus standi is dire and the Courts have been unwavering in making pronouncements on it,” the judge stated, before ordering that the case be struck out.

The court did not determine the substantive question of whether the APC could lawfully substitute the affected candidates. Instead, the finding on locus standi brought the proceedings to an end, leaving the other grounds raised in the preliminary objection undecided.

The ruling followed a preliminary objection filed by the APC on July 21, 2026, seeking the dismissal or striking out of the suit on several grounds, including alleged statutory limitation, abuse of court process and lack of jurisdiction.