The Federal High Court sitting in Gombe has nullified the All Progressives Congress (APC) primary election for the Balanga/Billiri Federal Constituency, which produced former Minority Whip of the House of Representatives, Hon Ali Isa JC, as the party’s candidate.
The court, presided over by Justice Vera E. Ibrahim, in a judgment delivered on Wednesday, ordered the APC to conduct a fresh primary election within 30 days in accordance with the law.
The court also barred Ali Isa from participating in the fresh primary, holding that he was not eligible to contest the May 16, 2026 primary because his name was not contained in the party’s membership register submitted to the Independent National Electoral Commission (INEC) within the period prescribed by law.
Justice Ibrahim held that Ali Isa joined the APC 16 days before the primary and that the party failed to provide evidence showing that his name was included in the membership register submitted to INEC at least 21 days before the primary, as required by Section 77 of the Electoral Act.
The judge stressed that the issue before the court was not simply whether Ali Isa was a member of the APC, but whether the party complied with the statutory requirements governing the submission of its membership register to INEC.
Consequently, the court nullified the primary election that produced him as the APC candidate and directed the party to organise a fresh exercise in compliance with the Electoral Act.
Ali Isa, who was elected to the House of Representatives on the platform of the Peoples Democratic Party (PDP), served as Minority Whip before defecting to the APC shortly before the party’s primary election.
Following his defection, he contested the APC primary for the Balanga/Billiri Federal Constituency and emerged as the party’s candidate.
The suit was filed by Alfred John Atajiri, who challenged Ali Isa’s eligibility to participate in the primary, arguing that he did not meet the requirements for membership and participation under the Electoral Act.
Counsel to the plaintiff, Ibrahim Aliyu Nassarawa, welcomed the judgment, saying it granted the reliefs sought by his client.
The ruling has therefore nullified the APC’s previous primary and opened the way for a fresh contest to determine the party’s candidate for the Balanga/Billiri Federal Constituency, subject to any appeal against the judgment.