Federal High Court: Yobe APC Baba Wali Suit Dismissed

• The Federal High Court in Damaturu dismissed a suit challenging Baba Wali's emergence as the Yobe APC governorship candidate.
• Justice Fatima Amin ruled the suit, filed by Mustapha Maihaja, to be statute-barred for not being instituted within the constitutional time limit.
• The court also found that Maihaja failed to provide credible evidence to substantiate his allegations of over-voting and irregularities.
• Material contradictions and inconsistencies in the plaintiff's witness testimonies further weakened the case.
• This judgment concludes the legal challenge to Wali's candidacy for the 2027 general election.

Justice Fatima Amin's ruling underscored that even if the legal action had been commenced within the statutory timeframe, it would still have been unsuccessful due to the plaintiff's failure to substantiate allegations of over-voting.

The Federal High Court in Damaturu, Yobe State, has definitively dismissed a legal challenge brought by Mustapha Maihaja against the emergence of Baba Wali as the All Progressives Congress (APC) governorship candidate for the upcoming 2027 general election. Presiding over the case, Justice Fatima Amin delivered a judgment on Monday that upheld a preliminary objection, ruling the suit to be statute-barred.

Justice Amin determined that the legal action, which sought to contest the outcome of the APC governorship primary, was not initiated within the constitutionally mandated period. Consequently, the court declared itself without jurisdiction to entertain the matter, citing the expiration of the prescribed time limit for such petitions. This procedural deficiency formed the primary basis for the dismissal of the suit, effectively ending Maihaja's bid to overturn Wali's candidacy on these grounds.

Beyond the procedural issues, the Federal High Court also scrutinized the substantive allegations leveled against the primary election process. Justice Amin found that Maihaja failed to present credible and convincing evidence to support his claims of over-voting and other alleged irregularities. The court emphasized that all allegations, regardless of their perceived gravity, require robust substantiation through verifiable proof.

Furthermore, the ruling highlighted significant material contradictions and inconsistencies within the testimonies provided by the plaintiff's witnesses. Justice Amin deemed this evidence unreliable and insufficient to establish the allegations made. The court concluded that even if the suit had been filed within the legally prescribed period, it would still have been unsuccessful on its merits due to the plaintiff's inability to prove the over-voting allegations against the conduct of the primary election.

Mustapha Maihaja had approached the court to challenge the results of the APC governorship primary held on May 21, 2026. His petition alleged various irregularities, including instances of over-voting and violations of the party's internal electoral guidelines during the exercise. Baba Wali secured the party's nomination by polling 236,711 votes in that primary.

This legal contest, known as Mustapha Maihaja v Baba Wali, represented a significant challenge to the legitimacy of the APC's candidate selection process in Yobe State. The Federal High Court Damaturu judgment now solidifies Baba Wali's position as the party's flagbearer, removing a key obstacle ahead of the 2027 gubernatorial race.

The dismissal of this Yobe governorship primary challenge by Justice Fatima Amin's ruling effectively concludes Maihaja's legal efforts to prevent Baba Wali from representing the APC in the 2027 general election. This outcome underscores the critical importance of adhering to statutory timelines for filing election petitions in Nigeria, as well as the necessity of providing compelling and consistent evidence to support any claims of electoral misconduct.

In response to the judgment, Shuaibu Abdullahi, the Press Secretary for Baba Wali, expressed commendation for the court's thorough handling of the matter. Abdullahi affirmed confidence in the judiciary, describing it as the ultimate guardian of justice and the rule of law, signaling relief from Wali's camp following the favorable decision.

This ruling underscores the critical importance for lawyers advising political aspirants or parties to strictly adhere to statutory timelines for filing election petitions and to ensure that all allegations, particularly those of over-voting or irregularities, are supported by credible, consistent, and verifiable evidence. Failure to meet deadlines or provide robust proof will result in dismissal, regardless of the perceived merits of the claim.

Source: Original reporting via PUNCH.