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From Godwin Tsa, Abuja
A member of the Benue State House of Assembly, Mathew Damkor, has dragged the All Progressives Congress (APC) and the Independent National Electoral Commission (INEC) before a Federal High Court in Makurdi over what he described as his unlawful substitution as the party’s candidate for the Tiev State Constituency ahead of the 2027 general elections.
Damkor, who currently represents the constituency and is seeking re-election, filed the suit (FHC/MKD/CS/64/2026) through his counsel, Innocent Daagba. He listed Tarkighir Audu, the APC, and INEC as the first, second, and third defendants, respectively.
The lawmaker is seeking an order that will compel the APC to submit his name to INEC as its lawfully nominated candidate, while restraining INEC from recognising any other candidate.
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He anchored his suit on Sections 29(1), 33, and 84(1)(2) of the Electoral Act 2026, alongside Paragraph 20.3 of the APC Constitution (as amended in March 2022).
Damkor asked the court to determine whether the APC could lawfully withhold or swap his name after he won the party’s May 20, 2026 primary election, which was duly monitored by INEC.
He further questioned whether, by the combined reading of Section 169 of the Evidence Act 2011 (as amended) and the Electoral Act, the APC is not stopped from substituting him, having issued him a declaration of result sheet.
In a 24-paragraph affidavit, Damkor affirmed his membership (slip number APC072311000046) and stated that he won the primary with 4,464 votes, defeating Tarkighir Audu, Kor Nguemo, and Tersoo Ortserga. He expressed shock at subsequently finding his name replaced with Audu’s without a fair hearing.
