The Federal High Court, Abuja Division, on Friday struck out a pre-election dispute suit filed by ex-Governor Rotimi Amaechi against former Vice-President Atiku Abubakar. Mr Amaechi filed a suit challenging the emergence of Mr Abubakar as the African Democratic Congress (ADC) presidential candidate
Justice Joyce Abdulmalik, in a ruling, struck out the suit after the former governor’s lawyer, Jibrin Okutepa, moved a motion for withdrawal. Mr Okutepa informed the court that an application for the discontinuance of the case had already been filed after the parties had settled their differences.
The senior lawyer urged the court to strike out the case. After listening to the counsel, Ms Abdulmalik made an order striking out the suit.
Mr Amaechi sought an order from the court setting aside the presidential primary election of May 25 that produced Mr Abubakar as the ADC candidate. Mr Amaechi, in the fresh suit, said the election was conducted in breach of Section 77(5) and (6) of the Electoral Act, 2026; the ADC’s Constitution, 2026; and Sections 2, 2.1 and 2.2 of ADC’s guidelines for the conduct of primary elections for the nomination of candidates for the 2027 general elections.
He sought an order restraining Mr Abubakar from parading himself or presenting himself for election as the presidential candidate of ADC at the 2027 general elections on the premise that he (Mr Amaechi) won the poll held on May 25.
He equally sought an order restraining the Independent National Electoral Commission (INEC) from recognising Mr Abubakar as the presidential candidate of ADC. He sought an order mandating the party to conduct a fresh presidential primary election that must comply with the Electoral Act, 2006; Article 38.4 of the ADC’s Constitution; and the party’s guidelines for the conduct of the primary poll within 14 days from the date of the judgement.
The suit was filed by Mr Amaechi’s lead counsel, Mr Okutepa. In the originating summons marked FHC/ABJ/CS/1215/2026, Mr Amaechi sued Mr Abubakar, ADC and INEC as defendants. In the affidavit in support of the suit, deposed to by Mr Amaechi himself, the former governor said he was a duly registered member of ADC at Ward 8, Ubima, Ikwerre council area of Rivers.
The former governor said he was also a registered voter with the right to vote and be voted for at the general elections. He described himself as “a graduate of English Language from the University of Port Harcourt and also a legal practitioner”.
Mr Amaechi said he purchased the party’s nomination form for the presidential primary election and was duly issued the form, screened alongside the other aspirants, and cleared. He said he duly participated in the party’s primary and appointed agents and coordinators to represent him and oversee the conduct of the primary at the national, state, and ward levels across the country.
The plaintiff said on May 27, ADC published the purported final result, alleging that the entire process of the election was done in breach and contravention of the Electoral Act, 2026, the ADC’s constitution, 2026, and the guidelines for the conduct of primary elections for the nomination of candidates for the 2027 elections as published by the party.
Mr Amaechi stated that he knew each political party was expected to submit such a membership register to INEC no later than 21 days before the date fixed for the party primaries, congresses, and conventions. He, however, averred that ADC did not use any membership register for the party’s presidential primary election held on May 25.
Mr Amaechi said, instead, the party relied on the procedure set out in Section 10.8(6) of its guidelines. He said he was aware that ADC did not apply to INEC to obtain a certified true copy of its membership register across the various states and electoral wards of Nigeria for use for accreditation during the said election.
He said he was present and monitored the election at various electoral wards that make up his local government. He said even the final declaration of the result form, made on May 27, was completely unsigned, with no column for signatures or the names of the election committee members who authored it.
He said he wrote a letter to the national organising secretary of the ADC, requesting certified true copies of the party’s membership register used for voter accreditation during the poll. He said he received a response from the NOS stating that the registered membership was not used for the election.
In response to this development, he said he had written a petition to the party’s presidential appeal committee pursuant to Section 11 of the guidelines for the conduct of the election.
He said he was invited by the committee, adopted the petition, and submitted his written submission of facts in further support of the same. He said that when there was no response from the appeal committee, he wrote a letter to the national chairman of the party, David Mark, drawing his attention to the failure of the appeal committee to communicate its decision to me.
“Following the failure of the national chairman of the second defendant (ADC) to address the concerns I raised regarding the said presidential primary election despite my letters and complaints, I proceeded to institute this suit,” he said.
(NAN)
