The Federal High Court, Abuja Division, struck out a suit filed by Ifeanyi Araraume, challenging the recognition of Patrick Ndubueze as the All Progressives Congress’s candidate for the 2027 Imo North senatorial district election.
Justice Salim Ibrahim, in a judgement, held that the court lacked jurisdiction to adjudicate the case, as a court of coordinate jurisdiction had determined a similar suit. Mr Ibrahim, who upheld the preliminary objection filed by Mr Ndubueze, described the suit as “an abuse of court process”.
The judgement was delivered on August 26.
Mr Araraume, in the suit marked FHC/ABJ/CS/1569/2026, sued APC, Mr Ndubueze and INEC over a dispute on the valid candidate for the Imo North Senatorial District.
The former lawmaker sought an order directing INEC to recognise and publish his name as the APC’s candidate for the Imo North Senatorial District for the 2027 elections.
He also sought an injunction, restraining Mr Ndubueze from parading himself as the party’s candidate for the seat.
In addition, Mr Araraume’s counsel, George Ibrahim, urged the court to set aside the purported uploading of Mr Ndubueze’s name by INEC on its portal on July 11 as the APC’s candidate for the district. He sought an order directing INEC to instead upload his own name as the party’s candidate for the 2027 polls.
His originating summons was brought pursuant to Section 6(6)(a) and (b) of the 1999 Constitution, Sections 84(1) and 88(2) of the Electoral Act 2026, and Articles 20(ii)(a) and (iii) of the APC Constitution.
But APC and Mr Ndubueze disagreed with Mr Araraume’s arguments.
In his preliminary objection, filed by his counsel, Paul Ananaba, Mr Ndubueze prayed the court to dismiss the suit as a gross abuse of the court process. Alternatively, he sought an order striking out the suit for want of jurisdiction.
He argued that the dispute about the primary poll held on May 18 by the party had already been decided on June 25 by the Federal High Court, Owerri Division, in another case.
INEC, in an affidavit of facts and written address filed by Johnson Usman, said it would abide by the court’s determination.
Mr Usman further explained that under the prevailing nomination arrangement, political parties themselves uploaded candidates’ particulars through the access granted by the commission.
He stated that the name uploaded by the APC on July 11 was that of Mr Ndubueze and that the said name remained on the portal as at the date of hearing.
Delivering the judgement, Mr Ibrahim held that before going into the substantive suit, the court would look at the preliminary objection filed by Mr Ndubueze in line with the previous Supreme Court decision.
He agreed with Mr Ndubueze’s submission that Owerri’s suit and the instant case bordered on the same subject matter.
“I therefore find merit in the preliminary objection and hold that it ought to be sustained. Accordingly, I hereby sustain the preliminary objection and strike out Suit No. FHC/ABJ/CS/1569/2026… There shall be no order as to costs,” the judge ruled.
(NAN)
