Wakil Oyedemi APC Oyo Rep: Court Sets Judgment Date for Primary Nullification

• A Federal High Court in Ibadan has set October 26, 2026, for judgment in a suit challenging the APC ticket for Oyo Federal Constituency.
• Plaintiff Wakil Oyeleru Oyedemi seeks to nullify the APC House of Representatives primary, citing non-compliance with the Electoral Act 2026 and party guidelines.
• Allegations include a lack of member accreditation in four local government areas and specific wards, supported by an INEC affidavit.
• The APC argues for dismissal, contending the plaintiff's submission of numerous affidavits without court leave is procedurally incompetent and against electoral laws.
• The judgment will provide crucial clarification on the judicial interpretation of the Electoral Act 2026 regarding primary election accreditation and evidence admissibility.

This ruling will offer significant guidance for legal practitioners and political parties on the standards required for conducting compliant primary elections and the evidentiary thresholds for challenging their outcomes.

A Federal High Court in Ibadan, Oyo State, has scheduled October 26, 2026, as the date for its judgment in a legal challenge concerning the All Progressives Congress (APC) ticket for the Afijio/Atiba/Oyo East/Oyo West Federal Constituency, also known as the Oyo Federal Constituency, ahead of the 2027 general election. This pivotal decision will address a suit filed by Wakil Oyeleru Oyedemi, who seeks the nullification of the APC House of Representatives primary for the constituency.

The suit, identified by the number FHC/IB/CS/64/2026, names Wakil Oyedemi as the plaintiff/respondent. The defendants in the case are the All Progressives Congress (APC) as the first defendant, Akeem Adeyemi as the second defendant, and the Independent National Electoral Commission (INEC) as the third defendant. The core of the plaintiff's request is an order from the court to set aside the primary election, citing alleged non-compliance with the Electoral Act 2026 and the internal guidelines of the APC.

During the recent court session held in Ibadan, legal representatives for all parties presented their oral submissions, though the parties themselves were not present. Musibau Adetunbi, a Senior Advocate of Nigeria (SAN), appeared for the plaintiff, while Ibrahim Bawa (SAN) led the legal team for the APC. Kazeem Adedeji represented Akeem Adeyemi, and A.F. Lawal appeared on behalf of INEC.

The plaintiff's counsel, Musibau Adetunbi, urged the court to grant the prayers for nullification, emphasizing that all necessary affidavits and exhibits had been submitted. A central argument presented was the alleged failure to conduct proper accreditation of members across the four local government areas within the Oyo Federal Constituency. Adetunbi specifically highlighted an affidavit from the Independent National Electoral Commission (INEC), the third defendant, which indicated that accreditation did not take place in Wards 4, 5, 6, and 7.

Adetunbi further argued that the court should nullify the primary election and mandate the conduct of a fresh one within the legally stipulated timeframe. He relied on paragraph 6 and Exhibit INEC 1 from the third defendant's submissions to support the claim of accreditation irregularities. The plaintiff's counsel also addressed preliminary objections raised by the first defendant, the APC, citing the case of Adeyemi Vs APC 2025 NWLR, Part 1927, 63, Page 119, to assert the plaintiff's right to call agents, contrary to the APC's position.

Responding to a second objection, Adetunbi referenced paragraph 15:7 of the second defendant's affidavit, contending that no issue of waiver could arise given the absence of accreditation across all local government areas, as confirmed by INEC. He implored the judge to physically compare Exhibit INEC 1 with Exhibit A filed by the first defendant, noting discrepancies in signatures on the presented evidence.

Counsel for the All Progressives Congress, Ibrahim Bawa (SAN), presented a 40-paragraph affidavit and urged the court to dismiss the plaintiff's originating summons on grounds of incompetence. Bawa argued that the matter constituted a special proceeding, where the calling of witnesses is not permitted. He contended that the plaintiff's submission of 39 affidavits without obtaining prior leave from the court contravened the established legal principles governing such proceedings.

The APC's legal team further asserted that the manner in which the matter was brought before the court was inconsistent with both the Evidence Act and the Electoral Act. These procedural objections formed a significant part of the defense's strategy, aiming to invalidate the plaintiff's case before its substantive merits could be fully considered. The court's decision on these points will be crucial in determining the outcome of the suit.

The upcoming Wakil Oyedemi APC Oyo Rep judgment date is highly anticipated, as it is expected to provide critical judicial interpretation of the Electoral Act 2026, particularly concerning primary election accreditation and the admissibility of evidence in election-related disputes. This ruling will offer significant guidance for legal practitioners and political parties on the standards required for conducting compliant primary elections and the evidentiary thresholds for challenging their outcomes.

The judgment will clarify the judiciary's stance on procedural compliance during party primaries and the weight given to affidavits and exhibits, especially those from independent bodies like INEC. For lawyers and compliance officers, understanding this ruling will be essential for advising on future election results, ensuring political party adherence to electoral guidelines, and navigating the complexities of Nigeria election primary nullification cases. The outcome will undoubtedly influence how similar disputes are approached in the lead-up to the 2027 elections and beyond.

Lawyers and compliance officers should monitor this upcoming judgment as it will clarify the judicial interpretation of the Electoral Act 2026 regarding primary election accreditation and evidence admissibility. This ruling will provide critical guidance for challenging or defending future election results and ensuring political party compliance with electoral guidelines.

Source: Reporting based on PUNCH Newspaper coverage