A Federal High Court in Abuja is set to determine whether former Kogi State Governor Yahaya Bello validly emerged as the APC senatorial candidate for Kogi Central after a rival aspirant challenged the outcome of the party’s primary.
Justice Inyang Ekwo fixed November 19 for ruling on the application to amend the suit or judgement after Bello, the APC and INEC urged the court to dismiss the case filed by Chief Momoh Obaro.
Obaro, in the suit marked FHC/ABK/CS/1085/2026, filed through his lawyer, Kimi Appah, sued the APC, Bello and the Independent National Electoral Commission, INEC, as the first to third defendants, respectively.
In his originating summons filed on May 29, Obaro asked the court to declare that he was the lawful winner of the APC primary conducted on May 18, having allegedly secured the highest number of lawful votes cast.
He also asked the court to restrain the APC from forwarding Bello’s name to INEC as its candidate and sought an order of mandamus compelling the party to recognize and forward his name to the commission as its duly nominated candidate.
In an affidavit personally deposed to, Obaro alleged that Bello was neither screened nor cleared to participate in the primary.
He said he was therefore surprised when Bello was declared the winner and his name subsequently forwarded to INEC.
In a further affidavit responding to Bello’s counter-affidavit, Obaro alleged that although the former governor completed and submitted his Expression of Interest and Nomination Forms, he voluntarily withdrew from the primary.
He claimed that Bello’s withdrawal letter was submitted to the appropriate APC authorities and was not withdrawn before the primary was conducted. Bello, however, denied withdrawing from the contest and urged the court to dismiss the suit.
In a preliminary objection filed by his counsel, Joseph Daudu, SAN, Bello asked the court to dismiss the suit in limine, arguing that it was fundamentally defective and incompetent and that the court lacked jurisdiction to entertain it.
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Daudu also argued that Obaro’s written address failed to comply with Paragraph 7 of the Federal High Court Pre-Election Practice Directions, 2026, as amended.
In his counter-affidavit, Bello disputed Obaro’s claim that he won the primary, stating that he scored the highest number of lawful votes while Obaro came third. Bello said Obaro polled 188 votes, while he secured 72,399 votes in the primary.
He further argued that Obaro failed to produce the authentic and official result sheet issued by the duly constituted primary election committee.
Bello said he was screened, cleared and certified as qualified to contest the primary, contrary to Obaro’s allegation.
He also stated that INEC monitored the primary and that, following his declaration as winner, the APC submitted his name to the commission as its candidate.
Bello again denied withdrawing from the primary in his further counter-affidavit. The APC and INEC also urged the court to dismiss the suit.
In its counter-affidavit, deposed to by Muhammad Ayuba, an administrative officer in INEC’s Litigation and Prosecution Department, the commission said it monitored the primary in accordance with the law.
INEC said three aspirants contested the primary and Bello emerged winner after securing the highest number of valid votes.
The commission maintained that reports from its electoral officers who monitored the exercise across the wards in the five local government areas that make up Kogi Central showed that the primary was substantially conducted in compliance with the Electoral Act, 2026.
When the case was called on Monday, Obaro’s counsel, A.T. Hassan, SAN, adopted the processes filed by the plaintiff and urged the court to grant the reliefs sought, including his application to amend the main suit.
Counsel to the APC, Ibrahim Mohammed, SAN; Bello’s lawyer, Paul Daudu, SAN; and INEC’s counsel, S.A. Omole, urged the court to dismiss the case.
After hearing the submissions of the parties, Justice Ekwo adjourned the matter until November 19 for ruling on the application to amend the suit or judgement.
NAN
