Court Order Blocks Changes to Benue APC Candidate List
Justice Inyang Ekwo of the Federal High Court in Abuja has issued an interim order restraining the All Progressives Congress (APC) and the Independent National Electoral Commission (INEC) from altering the list of candidates produced by the Benue State APC primaries ahead of the 2027 general elections. The order, delivered on Thursday, July 17, 2026, came after both defendants appeared in court and joined issues with the plaintiffs in suit FHC/ABJ/CS/1429/2026.
Aggrieved Candidates Seek Court Protection
The case was initiated by Engr. Sesugh Akaagba and other aggrieved APC candidates from Benue State. They filed an ex parte application on July 5, 2026, seeking six interim reliefs. Chief among these was a request to stop the APC from substituting validly nominated candidates using a June 29, 2026, letter sent to INEC, or any other subsequent communication, until the substantive suit is resolved. They also sought to compel the APC to forward the names of candidates properly nominated at commission-monitored primaries to INEC without delay.
Procedural History and Court Ruling
When the case first came before the court on July 8, 2026, Justice Ekwo declined to rule immediately on the interim application. He directed both the APC and INEC to file responses and appear before any orders were made, adjourning proceedings to July 16. At Thursday's sitting, the plaintiffs were led by Mohammed Ndarani-Mohammed, SAN. Counsel for the APC, S. D. Swem, confirmed that the party had filed an affidavit to show cause and a counter-affidavit to the plaintiff's motion on notice, though its response to the originating summons remained outstanding. INEC's counsel, Mr Oluwole Olukunle, told the court the commission had responded to all processes filed by the plaintiffs.
Legal Obligation to Preserve Subject Matter
In his ruling, Justice Ekwo held that because the parties had joined issues and INEC was now fully before the court, the law required the defendants to preserve the subject matter of the dispute until the substantive case is determined. When the plaintiffs' lead counsel urged the judge to caution the APC and INEC against further action, Justice Ekwo stated it was "not a matter of advice but of law," emphasizing that the defendants were legally obligated to maintain the status quo. The court restrained both the APC and INEC from any act or omission capable of prejudicing the rights of the parties or undermining the effectiveness of the judicial process. Neither defendant raised an objection to the order.
Next Hearing Scheduled
The court noted that all parties had voluntarily submitted to its jurisdiction by filing and exchanging their processes, and found no procedural or jurisdictional obstacle to hearing the matter promptly. INEC was directed to be served forthwith with the originating summons and all related processes. The substantive suit was adjourned to July 21, 2026.
