Federal High Court Dismisses Suit Challenging Danladi's APC Governorship Candidacy

Date: 2026-10-08

A Federal High Court has dismissed a suit seeking to invalidate the All Progressives Congress (APC) governorship candidacy of Yakubu Danladi Salihu in Kwara State.

It ruled that the claimant lacked the legal standing to challenge his nomination.

The court also dismissed the case on its merits, rejecting the allegation that Danladi's participation in the party's House of Assembly and governorship primaries amounted to double nomination.

Justice Emeka Nwite, who presided over Court 9 of the Federal High Court in Abuja, further awarded N10 million 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 alleged that Danladi was unlawfully involved in both the APC's House of Assembly and governorship primaries and consequently asked the court to nullify his participation, screening, nomination and sponsorship.

It also sought an order setting aside his emergence as the APC governorship candidate and directing INEC to reject his nomination.

But the defendants challenged the competence of the suit, arguing that the claimant lacked locus standi and that the court lacked jurisdiction to entertain the action.

Justice Nwite held that locus standi was fundamental to the competence of an action, while jurisdiction remained the threshold issue that must be established before a court could validly determine the substantive claims.

Relying on Section 285(14) of the 1999 Constitution, as amended, the judge said the law restricts who can institute pre-election actions to specified categories of aspirants and political parties.

He said Section 88(2) of the Electoral Act 2026 similarly limits complaints over non-compliance in the selection or nomination of candidates to aspirants who participated in the relevant primaries.

Justice Nwite consequently held that the claimant, being a civil society organisation rather than an aspirant who participated in the primaries or a political party, had no locus standi to bring the action.

The court said it examined the central allegation that Danladi had been doubly nominated and found that the claimant's interpretation of the law was flawed.

The court noted that a person who participates in different categories of primaries conducted by the same party, but whose name is ultimately submitted to INEC for only one position, cannot be regarded as having been doubly nominated, explaining that a person becomes a candidate for the purpose of the relevant statutory provisions when the political party submits the person's name to INEC.

Justice Nwite therefore rejected the argument that Danladi's participation in the APC's House of Assembly and governorship primaries automatically invalidated his governorship candidacy.

The court held that double nomination, as contemplated by the Electoral Act 2026, was not established merely by taking part in two primary elections conducted by the same political party.

It further found that the allegations made by the claimant were not supported by sufficient evidence.

The case was one of the legal challenges that followed the APC's governorship primary, which produced Danladi as the party's candidate after the contest.

A Special Adviser to the Kwara State Governor on Legal Matters, Sambo Muritala, observed the proceedings.

Justice Nwite resolved the issues in favour of the APC, Danladi and INEC and consequently dismissed the suit. He also ordered the claimant to pay N10 million in costs to the defendants.

 

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