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From Godwin Tsa, Abuja
The Federal High Court in Abuja has summoned the National Legal Adviser of the All Progressives Congress (APC), Murtala Aliyu Kankia, to appear before it and clarify the issue of legal representation in a suit filed by Senator Ifeanyi Godwin Araraume against the party and the Independent National Electoral Commission (INEC), bordering on the candidacy for the Imo North Senatorial district.
Justice Salim Ibrahim issued the summons on the APC legal adviser after two counsel separately announced appearances for the party.
When the case was called, Taminu Inuwa (SAN) and Alabi both announced appearances on behalf of the APC.
The court held that it was necessary to resolve the issue of representation before proceeding with the substantive matter.
At Wednesday’s proceedings, Prof. Paul Chibuike Ananaba (SAN) represented Senator Patrick Chiwuba Ndubueze, the second defendant in the suit.
The court also ordered that parties to the matter should refrain from taking any steps that would render the res (subject matter) nugatory. Justice Ibrahim specifically directed INEC, represented by Dr. Alhassan Umar (SAN), not to do anything that would destroy the res.
He, thereafter, ordered parties to file and exchange their processes by Friday, August 7, ahead of the next adjourned date fixed for Monday, August 10, at 11am.
In the suit, marked FHC/ABJ/CS/1569/2026, Araraume is seeking an order directing INEC to recognise and publish his name as the APC’s candidate for the Imo North Senatorial district for the 2027 general elections. He is also seeking an injunction restraining Ndubueze from parading himself as the party’s candidate for the seat.
In addition, Araraume, through his counsel, George Ibrahim (SAN), is asking the court to set aside the purported uploading of Ndubueze’s name by INEC on its portal on July 11, 2026, as the APC’s candidate for the district, and for an order directing INEC to, instead, upload his own name as the party’s candidate for the 2027 polls.
His originating summons was brought pursuant to Section 6(6)(a) and (b) of the 1999 Constitution, Sections 84(1) and 88(2) of the Electoral Act 2026, and Articles 20(ii)(a) and (iii) of the APC Constitution.
It posed two questions for the court’s determination: first, whether, by virtue of Sections 31 and 33 of the Electoral Act 2026, INEC’s forwarding of Ndubueze’s nomination form/affidavit on July 11, 2026 to replace Araraume’s name earlier forwarded on June 29, 2026, following his nomination by the resolution of the APC’s appeal committee and ratification by its National Working Committee (NWC) as candidate for Imo North amounts to unlawful substitution.
Second, whether, having regard to the Electoral Act 2026, Articles 20(ii)(a) and (iii) of the APC Constitution (as amended March 26, 2022), and the resolution of the appeal committee and NWC duly communicated to INEC, it is Araraume’s name and not Ndubueze or any other person’s that ought to be uploaded by INEC on its portal as the APC’s candidate for the 2027 general elections.
