Justice Emeka Nwite of the Federal High Court, Abuja, on Wednesday, dismissed a suit seeking to stop Haruna Audi from participating in the 2026 Bwari Area Council chairmanship election under the All Progressives Congress (APC) platform.
The judge, in a ruling, held that the suit filed by one Joshua Ishaku, was statue barred, having been filed outside the 14 days prescribed by Section 285(9) of the 1999 Constitution (as amended).
He held that a pre-election matter ought to be filed within 14 days of the cause of action.
The judge said that contrary to Ishaku’s argument that the cause of action arose on July 24, the day he became aware that APC forwarded Audi’s name to the Independent National Electoral Commission (INEC), the action occurred on June 30 as contended by APC and Audi.
“It is immaterial the date the plaintiff got the information. What is material was the date the action was done and the time begins to run thereafter,” he stated.
The judge agreed that the APC’s National Working Committee (NWC) upheld the report of the Primary Election Appeal Committee of the party and forwarded Audi’s name to INEC as candidate who secured the highest votes of 38 in the poll.
He, therefore, upheld Audi’s preliminary objection filed by his lawyer, Mahmud Magaji (SAN).
Justice Nwite held that having been invited by the appeal committee and failed to honour the invitation, Ishaku’s claim that he was denied a fair hearing was untenable.
Ishaku had, in the originating summons, marked: FHC/ABJ/CS/1494/2025, sought a declaration that it was contrary to the APC’s constitution, the party’s guidelines for conduct of area council primary and the Electoral Act for Audi’s name to be forwarded to INEC by the party vide a letter dated July 14 as the candidate for the area council election.
He also sought an order directing the APC to forward his name to INEC as its chairmanship candidate for the election, among other reliefs.
Audi listed APC, Audi and INEC as respondents in the suit filed by his counsel, Ogwu Onoja (SAN).
