Just In: Court Gives Fresh Order on APC Primaries, INEC
- Justice Inyang Ekwo of the Federal High Court in Abuja restrained the APC and INEC from altering a disputed list of candidates from Benue State's 2027 primary elections
- Aggrieved APC candidates filed the suit on July 5, 2026, seeking to stop the party from substituting validly nominated candidates through a June 29 correspondence to INEC
- The court adjourned the substantive suit to July 21, 2026, after ruling that defendants are legally bound to preserve the subject matter of the litigation
A Federal High Court sitting in Abuja has restrained the All Progressives Congress (APC) and the Independent National Electoral Commission (INEC) from taking any steps to alter the list of candidates produced by the Benue State APC primaries ahead of the 2027 general elections.
Justice Inyang Ekwo issued the order on Thursday, July 17, 2026, after lawyers for both defendants appeared in court and formally joined issues with the plaintiffs in suit FHC/ABJ/CS/1429/2026. The case was brought by Engr. Sesugh Akaagba alongside other aggrieved APC candidates from Benue State.
Source: Twitter
Background to the Benue APC dispute
The plaintiffs filed an ex parte application on July 5, 2026, seeking six interim reliefs. Central among them was a request to stop the APC from substituting validly nominated candidates using a June 29, 2026, letter the party sent to INEC, or any other subsequent communication, until the substantive suit is fully resolved. They also asked the court to compel the APC to forward the names of candidates properly nominated at commission-monitored primaries to INEC without delay.
When the case first came before the court on July 8, 2026, Justice Ekwo declined to rule immediately on the interim application. He directed both the APC and INEC to file responses and appear before any orders were made, adjourning proceedings to July 16.
At Thursday's sitting, the plaintiffs were led by Mohammed Ndarani-Mohammed, SAN. Counsel to the APC, S. D. Swem, confirmed that the party had filed an affidavit to show cause and a counter-affidavit to the plaintiff's motion on notice, though its response to the originating summons remained outstanding. INEC's counsel, Mr Oluwole Olukunle, told the court the commission had responded to all processes filed by the plaintiffs.
Court explains directive to APC, INEC
In his ruling, Justice Ekwo held that because the parties had joined issues and INEC was now fully before the court, the law required the defendants to preserve the subject matter of the dispute until the substantive case is determined. When the plaintiffs' lead counsel urged the judge to caution the APC and INEC against further action, Justice Ekwo was emphatic, stating it was "not a matter of advice but of law," and that the defendants were legally obligated to maintain the status quo.
The court accordingly restrained both the APC and INEC from any act or omission capable of prejudicing the rights of the parties or undermining the effectiveness of the judicial process. Neither defendant raised an objection to the order.
The court also noted that all parties had voluntarily submitted to its jurisdiction by filing and exchanging their processes, and found no procedural or jurisdictional obstacle to hearing the matter promptly. INEC was directed to be served forthwith with the originating summons and all related processes. The substantive suit was adjourned to July 21, 2026.
Source: Legit.ng
