Federal High Court Abuja: Kogi West Senatorial Nomination Nullified
Case Law

Federal High Court Abuja: Kogi West Senatorial Nomination Nullified

Nigeria·Briefly Analysis⏱️ 4 min read

Summary

  • A Federal High Court in Abuja nullified Sunday Karimi's nomination as the APC candidate for Kogi West Senatorial District in the 2027 general election.
  • The court ordered the APC to replace Karimi with Samuel Aro, who was found to have won a valid primary election on May 18, 2026.
  • Justice Salim Ibrahim ruled that Karimi's primary was invalid because it was not monitored by INEC, as required by the Electoral Act.
  • The decision emphasizes the critical importance of INEC monitoring primary election processes for their legal validity.
  • Karimi has vowed to appeal the judgment, insisting he remains the party's flag bearer.

Court Nullifies Kogi West Senatorial Nomination

The court's declaration that the APC's submission of Karimi's name was "null, void and of no effect whatsoever" sends a clear message regarding procedural integrity.

A Federal High Court in Abuja has nullified the nomination of Sunday Karimi as the All Progressives Congress (APC) candidate for the Kogi West Senatorial District in the upcoming 2027 general election. The court, presided over by Justice Salim Ibrahim, ordered the APC to replace Karimi's name with that of Samuel Aro, who had challenged Karimi's emergence as the party's flag bearer. This significant ruling stems from an electoral dispute concerning the validity of the primary election process.

Justice Ibrahim, in his judgment on Suit No. FHC/LKJ/CS/63/2026, affirmed the legitimacy of an APC primary conducted on May 18, 2026, which had produced Samuel Aro as the winner. Consequently, the court deemed the APC's subsequent submission of Karimi's name to the Independent National Electoral Commission (INEC) on July 11, 2026, as invalid. The court further directed INEC to officially recognize and publish Aro as the authentic APC candidate for the senatorial seat. Despite the ruling, Karimi, who currently represents the district in the Senate, has expressed his intention to appeal the decision, maintaining his claim as the party's rightful candidate.

Legal Basis for the Decision

The core of the court's decision hinged on the critical requirement for INEC monitoring of primary elections, a mandate stipulated by the Electoral Act. Justice Ibrahim explicitly faulted the purported primary election that led to Karimi's nomination, stating that the exercise was not monitored by INEC as legally required, rendering it invalid. This lack of oversight was a decisive factor in voiding Sunday Karimi's nomination.

The court also rejected the results presented by the APC and Karimi to substantiate his candidacy, noting that these results did not originate from an INEC-monitored election. Furthermore, INEC records showed no documentation of these results, and the commission had not issued certified true copies to Karimi, despite his application dated June 15, 2026. Justice Ibrahim referenced a precedent set by the Court of Appeal, which holds that any political party primary not monitored by the electoral body is, by ordinary interpretation, considered invalid, reinforcing the necessity of strict Electoral Act compliance in Nigeria.

Implications for Electoral Processes

This ruling underscores the paramount importance of strict adherence to electoral laws governing political party primary elections. The court's declaration that the APC's submission of Karimi's name was "null, void and of no effect whatsoever" sends a clear message regarding procedural integrity. It affirms that Samuel Aro, having won the valid primary and not withdrawn his candidacy, is legally entitled to be the party's standard-bearer, compelling the APC to submit his name for the 2027 general election.

The Federal High Court's directive to the APC to immediately forward Aro's name to INEC, and for INEC to accept, recognize, and publish him as the candidate, highlights the judiciary's role in enforcing electoral regulations. The accompanying injunction restraining Karimi from presenting himself as a candidate further solidifies the immediate impact of this judgment. This case serves as a crucial reminder to all political parties and aspiring candidates about the non-negotiable requirement for INEC monitoring primary election processes to avoid similar legal challenges and nullifications.

Practical Implications

This ruling underscores the critical importance of strict adherence to the Electoral Act's requirements for political party primary elections, particularly the mandatory monitoring by INEC. Lawyers advising political parties or aspiring candidates must ensure that all procedural steps, including INEC's oversight, are meticulously followed to prevent candidate nominations from being nullified by the courts, thereby avoiding significant legal and political challenges.

Source

Source: Original reporting via PUNCH

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