The Federal High Court in Abuja has dismissed a suit seeking to nullify the All Progressives Congress’s (APC) governorship candidacy in Kwara State, Yakubu Danladi Salihu.
NEWSNGR reports that the court held that the organisation that instituted the suit lacked the legal standing to challenge Danladi’s nomination.
Justice Emeka Nwite, who delivered the judgment at the Federal High Court, Abuja, also dismissed the substantive claims, ruling that Danladi’s participation in the APC’s House of Assembly and governorship primaries did not amount to double nomination.
The judge further awarded ₦10 million in costs against the claimant, Citizens Awareness Against Corruption and Social Vices Initiative.
The suit, marked FHC/ABJ/CS/1112/2026, was filed against the APC, Danladi and the Independent National Electoral Commission (INEC).
The claimant had argued that Danladi’s participation in both the party’s House of Assembly and governorship primaries violated the law.
It subsequently asked the court to nullify his screening, nomination and sponsorship and direct INEC to reject his candidature.
The defendants, however, challenged the competence of the case, arguing that the claimant had no locus standi to institute the action and that the court lacked jurisdiction to entertain it.
In his judgment, Nwite held that locus standi was fundamental to the competence of any action, while jurisdiction had to be established before a court could proceed to determine the substantive issues.
Relying on Section 285(14) of the 1999 Constitution, as amended, the judge said only persons and entities recognised by law could institute pre-election matters.
He also cited Section 88(2) of the Electoral Act 2026, which restricts complaints concerning non-compliance in the selection or nomination of candidates to aspirants who participated in the relevant primaries.
Nwite consequently held that the claimant, being a civil society organisation and not an aspirant who contested the primaries or a political party, lacked the legal standing to bring the case.
The judge nevertheless considered the central allegation that Danladi had been “doubly nominated” and rejected the claimant’s interpretation of the law.
The court held that participating in different primary elections organised by the same political party did not automatically amount to double nomination where the party eventually submitted the individual’s name to INEC for only one elective position.
It explained that a person becomes a candidate for the purpose of the relevant provisions when the political party submits the person’s name to the electoral commission.
Nwite, therefore, dismissed the argument that Danladi’s participation in the APC’s House of Assembly and governorship primaries automatically invalidated his emergence as the party’s governorship candidate.
The court further held that the evidence did not sufficiently establish the allegation of double nomination.
A Special Adviser to the Kwara State Governor on Legal Matters, Sambo Muritala, was present during the proceedings.
Justice Nwite consequently resolved the issues in favour of the APC, Danladi and INEC and dismissed the suit.
